Tag Archives: bittorrent

ISP Questions Impartiality of Judges in Copyright Troll Cases

Post Syndicated from Andy original https://torrentfreak.com/isp-questions-impartiality-of-judges-in-copyright-troll-cases-180602/

Following in the footsteps of similar operations around the world, two years ago the copyright trolling movement landed on Swedish shores.

The pattern was a familiar one, with trolls harvesting IP addresses from BitTorrent swarms and tracing them back to Internet service providers. Then, after presenting evidence to a judge, the trolls obtained orders that compelled ISPs to hand over their customers’ details. From there, the trolls demanded cash payments to make supposed lawsuits disappear.

It’s a controversial business model that rarely receives outside praise. Many ISPs have tried to slow down the flood but most eventually grow tired of battling to protect their customers. The same cannot be said of Swedish ISP Bahnhof.

The ISP, which is also a strong defender of privacy, has become known for fighting back against copyright trolls. Indeed, to thwart them at the very first step, the company deletes IP address logs after just 24 hours, which prevents its customers from being targeted.

Bahnhof says that the copyright business appeared “dirty and corrupt” right from the get go, so it now operates Utpressningskollen.se, a web portal where the ISP publishes data on Swedish legal cases in which copyright owners demand customer data from ISPs through the Patent and Market Courts.

Over the past two years, Bahnhof says it has documented 76 cases of which six are still ongoing, 11 have been waived and a majority 59 have been decided in favor of mainly movie companies. Bahnhof says that when it discovered that 59 out of the 76 cases benefited one party, it felt a need to investigate.

In a detailed report compiled by Bahnhof Communicator Carolina Lindahl and sent to TF, the ISP reveals that it examined the individual decision-makers in the cases before the Courts and found five judges with “questionable impartiality.”

“One of the judges, we can call them Judge 1, has closed 12 of the cases, of which two have been waived and the other 10 have benefitted the copyright owner, mostly movie companies,” Lindahl notes.

“Judge 1 apparently has written several articles in the magazine NIR – Nordiskt Immateriellt Rättsskydd (Nordic Intellectual Property Protection) – which is mainly supported by Svenska Föreningen för Upphovsrätt, the Swedish Association for Copyright (SFU).

“SFU is a member-financed group centered around copyright that publishes articles, hands out scholarships, arranges symposiums, etc. On their website they have a public calendar where Judge 1 appears regularly.”

Bahnhof says that the financiers of the SFU are Sveriges Television AB (Sweden’s national public TV broadcaster), Filmproducenternas Rättsförening (a legally-oriented association for filmproducers), BMG Chrysalis Scandinavia (a media giant) and Fackförbundet för Film och Mediabranschen (a union for the movie and media industry).

“This means that Judge 1 is involved in a copyright association sponsored by the film and media industry, while also judging in copyright cases with the film industry as one of the parties,” the ISP says.

Bahnhof’s also has criticism for Judge 2, who participated as an event speaker for the Swedish Association for Copyright, and Judge 3 who has written for the SFU-supported magazine NIR. According to Lindahl, Judge 4 worked for a bureau that is partly owned by a board member of SFU, who also defended media companies in a “high-profile” Swedish piracy case.

That leaves Judge 5, who handled 10 of the copyright troll cases documented by Bahnhof, waiving one and deciding the remaining nine in favor of a movie company plaintiff.

“Judge 5 has been questioned before and even been accused of bias while judging a high-profile piracy case almost ten years ago. The accusations of bias were motivated by the judge’s membership of SFU and the Swedish Association for Intellectual Property Rights (SFIR), an association with several important individuals of the Swedish copyright community as members, who all defend, represent, or sympathize with the media industry,” Lindahl says.

Bahnhof hasn’t named any of the judges nor has it provided additional details on the “high-profile” case. However, anyone who remembers the infamous trial of ‘The Pirate Bay Four’ a decade ago might recall complaints from the defense (1,2,3) that several judges involved in the case were members of pro-copyright groups.

While there were plenty of calls to consider them biased, in May 2010 the Supreme Court ruled otherwise, a fact Bahnhof recognizes.

“Judge 5 was never sentenced for bias by the court, but regardless of the court’s decision this is still a judge who shares values and has personal connections with [the media industry], and as if that weren’t enough, the judge has induced an additional financial aspect by participating in events paid for by said party,” Lindahl writes.

“The judge has parties and interest holders in their personal network, a private engagement in the subject and a financial connection to one party – textbook characteristics of bias which would make anyone suspicious.”

The decision-makers of the Patent and Market Court and their relations.

The ISP notes that all five judges have connections to the media industry in the cases they judge, which isn’t a great starting point for returning “objective and impartial” results. In its summary, however, the ISP is scathing of the overall system, one in which court cases “almost looked rigged” and appear to be decided in favor of the movie company even before reaching court.

In general, however, Bahnhof says that the processes show a lack of individual attention, such as the court blindly accepting questionable IP address evidence supplied by infamous anti-piracy outfit MaverickEye.

“The court never bothers to control the media company’s only evidence (lists generated by MaverickMonitor, which has proven to be an unreliable software), the court documents contain several typos of varying severity, and the same standard texts are reused in several different cases,” the ISP says.

“The court documents show a lack of care and control, something that can easily be taken advantage of by individuals with shady motives. The findings and discoveries of this investigation are strengthened by the pure numbers mentioned in the beginning which clearly show how one party almost always wins.

“If this is caused by bias, cheating, partiality, bribes, political agenda, conspiracy or pure coincidence we can’t say for sure, but the fact that this process has mainly generated money for the film industry, while citizens have been robbed of their personal integrity and legal certainty, indicates what forces lie behind this machinery,” Bahnhof’s Lindahl concludes.

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

Majority of Canadians Consume Online Content Legally, Survey Finds

Post Syndicated from Andy original https://torrentfreak.com/majority-of-canadians-consume-online-content-legally-survey-finds-180531/

Back in January, a coalition of companies and organizations with ties to the entertainment industries called on local telecoms regulator CRTC to implement a national website blocking regime.

Under the banner of Fairplay Canada, members including Bell, Cineplex, Directors Guild of Canada, Maple Leaf Sports and Entertainment, Movie Theatre Association of Canada, and Rogers Media, spoke of an industry under threat from marauding pirates. But just how serious is this threat?

The results of a new survey commissioned by Innovation Science and Economic Development Canada (ISED) in collaboration with the Department of Canadian Heritage (PCH) aims to shine light on the problem by revealing the online content consumption habits of citizens in the Great White North.

While there are interesting findings for those on both sides of the site-blocking debate, the situation seems somewhat removed from the Armageddon scenario predicted by the entertainment industries.

Carried out among 3,301 Canadians aged 12 years and over, the Kantar TNS study aims to cover copyright infringement in six key content areas – music, movies, TV shows, video games, computer software, and eBooks. Attitudes and behaviors are also touched upon while measuring the effectiveness of Canada’s copyright measures.

General Digital Content Consumption

In its introduction, the report notes that 28 million Canadians used the Internet in the three-month study period to November 27, 2017. Of those, 22 million (80%) consumed digital content. Around 20 million (73%) streamed or accessed content, 16 million (59%) downloaded content, while 8 million (28%) shared content.

Music, TV shows and movies all battled for first place in the consumption ranks, with 48%, 48%, and 46% respectively.

Copyright Infringement

According to the study, the majority of Canadians do things completely by the book. An impressive 74% of media-consuming respondents said that they’d only accessed material from legal sources in the preceding three months.

The remaining 26% admitted to accessing at least one illegal file in the same period. Of those, just 5% said that all of their consumption was from illegal sources, with movies (36%), software (36%), TV shows (34%) and video games (33%) the most likely content to be consumed illegally.

Interestingly, the study found that few demographic factors – such as gender, region, rural and urban, income, employment status and language – play a role in illegal content consumption.

“We found that only age and income varied significantly between consumers who infringed by downloading or streaming/accessing content online illegally and consumers who did not consume infringing content online,” the report reads.

“More specifically, the profile of consumers who downloaded or streamed/accessed infringing content skewed slightly younger and towards individuals with household incomes of $100K+.”

Licensed services much more popular than pirate haunts

It will come as no surprise that Netflix was the most popular service with consumers, with 64% having used it in the past three months. Sites like YouTube and Facebook were a big hit too, visited by 36% and 28% of content consumers respectively.

Overall, 74% of online content consumers use licensed services for content while 42% use social networks. Under a third (31%) use a combination of peer-to-peer (BitTorrent), cyberlocker platforms, or linking sites. Stream-ripping services are used by 9% of content consumers.

“Consumers who reported downloading or streaming/accessing infringing content only are less likely to use licensed services and more likely to use peer-to-peer/cyberlocker/linking sites than other consumers of online content,” the report notes.

Attitudes towards legal consumption & infringing content

In common with similar surveys over the years, the Kantar research looked at the reasons why people consume content from various sources, both legal and otherwise.

Convenience (48%), speed (36%) and quality (34%) were the most-cited reasons for using legal sources. An interesting 33% of respondents said they use legal sites to avoid using illegal sources.

On the illicit front, 54% of those who obtained unauthorized content in the previous three months said they did so due to it being free, with 40% citing convenience and 34% mentioning speed.

Almost six out of ten (58%) said lower costs would encourage them to switch to official sources, with 47% saying they’d move if legal availability was improved.

Canada’s ‘Notice-and-Notice’ warning system

People in Canada who share content on peer-to-peer systems like BitTorrent without permission run the risk of receiving an infringement notice warning them to stop. These are sent by copyright holders via users’ ISPs and the hope is that the shock of receiving a warning will turn consumers back to the straight and narrow.

The study reveals that 10% of online content consumers over the age of 12 have received one of these notices but what kind of effect have they had?

“Respondents reported that receiving such a notice resulted in the following: increased awareness of copyright infringement (38%), taking steps to ensure password protected home networks (27%), a household discussion about copyright infringement (27%), and discontinuing illegal downloading or streaming (24%),” the report notes.

While these are all positives for the entertainment industries, Kantar reports that almost a quarter (24%) of people who receive a notice simply ignore them.

Stream-ripping

Once upon a time, people obtaining music via P2P networks was cited as the music industry’s greatest threat but, with the advent of sites like YouTube, so-called stream-ripping is the latest bogeyman.

According to the study, 11% of Internet users say they’ve used a stream-ripping service. They are most likely to be male (62%) and predominantly 18 to 34 (52%) years of age.

“Among Canadians who have used a service to stream-rip music or entertainment, nearly half (48%) have used stream-ripping sites, one-third have used downloader apps (38%), one-in-seven (14%) have used a stream-ripping plug-in, and one-in-ten (10%) have used stream-ripping software,” the report adds.

Set-Top Boxes and VPNs

Few general piracy studies would be complete in 2018 without touching on set-top devices and Virtual Private Networks and this report doesn’t disappoint.

More than one in five (21%) respondents aged 12+ reported using a VPN, with the main purpose of securing communications and Internet browsing (57%).

A relatively modest 36% said they use a VPN to access free content while 32% said the aim was to access geo-blocked content unavailable in Canada. Just over a quarter (27%) said that accessing content from overseas at a reasonable price was the main motivator.

One in ten (10%) of respondents reported using a set-top box, with 78% stating they use them to access paid-for content. Interestingly, only a small number say they use the devices to infringe.

“A minority use set-top boxes to access other content that is not legal or they are unsure if it is legal (16%), or to access live sports that are not legal or they are unsure if it is legal (11%),” the report notes.

“Individuals who consumed a mix of legal and illegal content online are more likely to use VPN services (42%) or TV set-top boxes (21%) than consumers who only downloaded or streamed/accessed legal content.”

Kantar says that the findings of the report will be used to help policymakers evaluate how Canada’s Copyright Act is coping with a changing market and technological developments.

“This research will provide the necessary information required to further develop copyright policy in Canada, as well as to provide a foundation to assess the effectiveness of the measures to address copyright infringement, should future analysis be undertaken,” it concludes.

The full report can be found here (pdf)

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

ExtraTorrent Replacement Displays Warning On Predecessor’s Shutdown Anniversary

Post Syndicated from Andy original https://torrentfreak.com/extratorrent-replacement-displays-warning-on-predecessors-shutdown-anniversary-180518/

Exactly one year ago, millions of users in the BitTorrent community went into mourning with the shock depature of one of its major players.

ExtraTorrent was founded in back in November 2006, at a time when classic platforms such as TorrentSpy and Mininova were dominating the torrent site landscape. But with dedication and determination, the site amassed millions of daily visitors, outperforming every other torrent site apart from the mighty Pirate Bay.

Then, on May 17, 2017, everything came crashing down.

“ExtraTorrent has shut down permanently,” a note in the site read. “ExtraTorrent with all mirrors goes offline. We permanently erase all data. Stay away from fake ExtraTorrent websites and clones. Thx to all ET supporters and torrent community. ET was a place to be….”

While ExtraTorrent staff couldn’t be more clear in advising people to stay away from clones, few people listened to their warnings. Within hours, new sites appeared claiming to be official replacements for the much-loved torrent site and people flocked to them in their millions.

One of those was ExtraTorrent.ag, a torrent site connected to the operators of EZTV.ag, which appeared as a replacement in the wake of the official EZTV’s demise. Graphically very similar to the original ExtraTorrent, the .ag ‘replacement’ had none of its namesake’s community or unique content. But that didn’t dent its popularity.

ExtraTorrent.ag

At the start of this week, ExtraTorrent.ag was one of the most popular torrent sites on the Internet. With an Alexa rank of around 2,200, it would’ve clinched ninth position in our Top 10 Torrent Sites report earlier this year. However, after registering the site’s domain a year ago, something seems to have gone wrong.

Yesterday, on the anniversary of ExtraTorrent’s shutdown and exactly a year after the ExtraTorrent.ag domain was registered, ExtraTorrent.ag disappeared only to be replaced by a generic landing page, as shown below.

ExtraTorrent.ag landing page

This morning, however, there appear to be additional complications. Accessing with Firefox produces the page above but attempting to do so with Chrome produces an ominous security warning.

Chrome warning

Indeed, those protected by MalwareBytes won’t be able to access the page at all, since ExtraTorrent.ag redirects to the domain FindBetterResults.com, which the anti-malware app flags as malicious.

The change was reported to TF by the operator of domain unblocking site Unblocked.lol, which offers torrent site proxies as well as access to live TV and sports.

“I noticed when I started receiving emails saying ExtraTorrent was redirecting to some parked domain. When I jumped on the PC and checked myself it was just redirecting to a blank page,” he informs us.

“First I thought they’d blocked our IP address so I used some different ones. But I soon discovered the domain was in fact parked.”

So what has happened to this previously-functioning domain?

Whois records show that ExtraTorrent.ag was created on May 17, 2017 and appears to have been registered for a year. Yesterday, on May 17, 2018, the domain was updated to list what could potentially be a new owner, with an expiry date of May 17, 2019.

Once domains have expired, they usually enter an ‘Auto-Renew Grace Period’ for up to 45 days. This is followed by a 30-day ‘Redemption Grace Period’. At the end of this second period, domains cannot be renewed and are released for third-parties to register. That doesn’t appear to have been the case here.

So, to find out more about the sudden changes we reached out to the email address listed in the WHOIS report but received no response. Should we hear more we’ll update this report but in the meantime the Internet has lost one of its largest torrent sites and gained a rather pointless landing page with potential security risks.

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

Danish Traffic to Pirate Sites Increases 67% in Just a Year

Post Syndicated from Andy original https://torrentfreak.com/danish-traffic-to-pirate-sites-increases-67-in-just-a-year-180501/

For close to 20 years, rightsholders have tried to stem the tide of mainstream Internet piracy. Yet despite increasingly powerful enforcement tools, infringement continues on a grand scale.

While the problem is global, rightsholder groups often zoom in on their home turf, to see how the fight is progressing locally. Covering Denmark, the Rights Alliance Data Report 2017 paints a fairly pessimistic picture.

Published this week, the industry study – which uses SimilarWeb and MarkMonitor data – finds that Danes visited 2,000 leading pirate sites 596 million times in 2017. That represents a 67% increase over the 356 million visits to unlicensed platforms made by citizens during 2016.

The report notes that, at least in part, this explosive growth can be attributed to mobile-compatible sites and services, which make it easier than ever to consume illicit content on the move, as well as at home.

In a sea of unauthorized streaming sites, Rights Alliance highlights one platform above all the others as a particularly bad influence in 2017 – 123movies (also known as GoMovies and GoStream, among others).

“The popularity of this service rose sharply in 2017 from 40 million visits in 2016 to 175 million visits in 2017 – an increase of 337 percent, of which most of the traffic originates from mobile devices,” the report notes.

123movies recently announced its closure but before that the platform was subjected to web-blocking in several jurisdictions.

Rights Alliance says that Denmark has one of the most effective blocking systems in the world but that still doesn’t stop huge numbers of people from consuming pirate content from sites that aren’t yet blocked.

“Traffic to infringing sites is overwhelming, and therefore blocking a few sites merely takes the top of the illegal activities,” Rights Alliance chief Maria Fredenslund informs TorrentFreak.

“Blocking is effective by stopping 75% of traffic to blocked sites but certainly, an upscaled effort is necessary.”

Rights Alliance also views the promotion of legal services as crucial to its anti-piracy strategy so when people visit a blocked site, they’re also directed towards legitimate platforms.

“That is why we are working at the moment with Denmark’s Ministry of Culture and ISPs on a campaign ‘Share With Care 2′ which promotes legal services e.g. by offering a search function for legal services which will be placed in combination with the signs that are put on blocked websites,” the anti-piracy group notes.

But even with such measures in place, the thirst for unlicensed content is great. In 2017 alone, 500 of the most popular films and TV shows were downloaded from P2P networks like BitTorrent more than 15 million times from Danish IP addresses, that’s up from 11.9 million in 2016.

Given the dramatic rise in visits to pirate sites overall, the suggestion is that plenty of consumers are still getting through. Rights Alliance says that the number of people being restricted is also hampered by people who don’t use their ISP’s DNS service, which is the method used to block sites in Denmark.

Additionally, interest in VPNs and similar anonymization and bypass-capable technologies is on the increase. Between 3.5% and 5% of Danish Internet users currently use a VPN, a number that’s expected to go up. Furthermore, Rights Alliance reports greater interest in “closed” pirate communities.

“The data is based on closed [BitTorrent] networks. We also address the challenges with private communities on Facebook and other [social media] platforms,” Fredenslund explains.

“Due to the closed doors of these platforms it is not possible for us to say anything precisely about the amount of infringing activities there. However, we receive an increasing number of notices from our members who discover that their products are distributed illegally and also we do an increased monitoring of these platforms.”

But while more established technologies such as torrents and regular web-streaming continue in considerable volumes, newer IPTV-style services accessible via apps and dedicated platforms are also gaining traction.

“The volume of visitors to these services’ websites has been sharply rising in 2017 – an increase of 84 percent from January to December,” Rights Alliance notes.

“Even though the number of visitors does not say anything about actual consumption, as users usually only visit pages one time to download the program, the number gives an indication that the interest in IPTV is increasing.”

To combat this growth market, Rights Alliance says it wants to establish web-blockades against sites hosting the software applications.

Also on the up are visits to platforms offering live sports illegally. In 2017, Danish IP addresses made 2.96 million visits to these services, corresponding to almost 250,000 visits per month and representing an annual increase of 28%.

Rights Alliance informs TF that in future a ‘live’ blocking mechanism similar to the one used by the Premier League in the UK could be deployed in Denmark.

“We already have a dynamic blocking system, and we see an increasing demand for illegal TV products, so this could be a natural next step,” Fredenslund explains.

Another small but perhaps significant detail is how users are accessing pirate sites. According to the report, large volumes of people are now visiting platforms directly, with more than 50% doing so in preference to referrals from search engines such as Google.

In terms of deterrence, the Rights Alliance report sticks to the tried-and-tested approaches seen so often in the anti-piracy arena.

Firstly, the group notes that it’s increasingly encountering people who are paying for legal services such as Netflix and Spotify so believe that allows them to grab something extra from a pirate site. However, in common with similar organizations globally, the group counters that pirate sites can serve malware or have other nefarious business interests behind the scenes, so people should stay away.

Whether significant volumes will heed this advice will remain to be seen but if a 67% increase last year is any predictor of the future, piracy is here to stay – and then some. Rights Alliance says it is ready for the challenge but will need some assistance to achieve its goals.

“As it is evident from the traffic data, criminal activities are not something that we, private companies (right holders in cooperation with ISPs), can handle alone,” Fredenslund says.

“Therefore, we are very pleased that DK Government recently announced that the IP taskforce which was set down as a trial period has now been made permanent. In that regard it is important and necessary that the police will also obtain the authority to handle blocking of massively infringing websites. Police do not have the authority to carry out blocking as it is today.”

The full report is available here (Danish, pdf)

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

Aussie Federal Court Orders ISPs to Block Pirate IPTV Service

Post Syndicated from Andy original https://torrentfreak.com/aussie-federal-court-orders-isps-to-block-pirate-iptv-service-180427/

After successful applying for ISP blocks against dozens of traditional torrent and streaming portals, Village Roadshow and a coalition of movie studios switched tack last year.

With the threat of pirate subscription IPTV services looming large, Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount targeted HDSubs+ (also known as PressPlayPlus), a fairly well-known service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee.

The injunction, which was filed last October, targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus subsidiaries.

Unlike blocking injunctions targeting regular sites, the studios sought to have several elements of HD Subs+ infrastructure rendered inaccessible, so that its sales platform, EPG (electronic program guide), software (such as an Android and set-top box app), updates, and sundry other services would fail to operate in Australia.

After a six month wait, the Federal Court granted the application earlier today, compelling Australia’s ISPs to block “16 online locations” associated with the HD Subs+ service, rendering its TV services inaccessible Down Under.

“Each respondent must, within 15 business days of service of these orders, take reasonable steps to disable access to the target online locations,” said Justice Nicholas, as quoted by ZDNet.

A small selection of channels in the HDSubs+ package

The ISPs were given flexibility in how to implement the ban, with the Judge noting that DNS blocking, IP address blocking or rerouting, URL blocking, or “any alternative technical means for disabling access”, would be acceptable.

The rightsholders are required to pay a fee of AU$50 fee for each domain they want to block but Village Roadshow says it doesn’t mind doing so, since blocking is in “public interest”. Continuing a pattern established last year, none of the ISPs showed up to the judgment.

A similar IPTV blocking application was filed by Hong Kong-based broadcaster Television Broadcasts Limited (TVB) last year.

TVB wants ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

The application was previously heard alongside the HD Subs+ case but will now be handled separately following complications. In April it was revealed that TVB not only wants to block Internet locations related to the technical operation of the service, but also hosting sites that fulfill a role similar to that of Google Play or Apple’s App Store.

TVB wants to have these app marketplaces blocked by Australian ISPs, which would not only render the illicit apps inaccessible to the public but all of the non-infringing ones too.

Justice Nicholas will now have to decide whether the “primary purpose” of these marketplaces is to infringe or facilitate the infringement of TVB’s copyrights. However, there is also a question of whether China-focused live programming has copyright status in Australia. An additional hearing is scheduled for May 2 for these matters to be addressed.

Also on Friday, Foxtel filed yet another blocking application targeting “15 online locations” involving 27 domain names connected to traditional BitTorrent and streaming services.

According to ComputerWorld the injunction targets the same set of ISPs but this time around, Foxtel is trying to save on costs.

The company doesn’t want to have expert witnesses present in court, doesn’t want to stage live demos of websites, and would like to rely on videos and screenshots instead. Foxtel also says that if the ISPs agree, it won’t serve its evidence on them as it has done previously.

The company asked Justice Nicholas to deal with the injunction application “on paper” but he declined, setting a hearing for June 18 but accepting screenshots and videos as evidence.

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

How Many Piracy Warnings Would Get You to Stop?

Post Syndicated from Andy original https://torrentfreak.com/how-many-piracy-warnings-would-get-you-to-stop-180422/

For the past several years, copyright holders in the US and Europe have been trying to reach out to file-sharers in an effort to change their habits.

Whether via high-profile publicity lawsuits or a simple email, it’s hoped that by letting people know they aren’t anonymous, they’ll stop pirating and buy more content instead.

Traditionally, most ISPs haven’t been that keen on passing infringement notices on. However, the BMG v Cox lawsuit seems to have made a big difference, with a growing number of ISPs now visibly warning their users that they operate a repeat infringer policy.

But perhaps the big question is how seriously users take these warnings because – let’s face it – that’s the entire point of their existence.

There can be little doubt that a few recipients will be scurrying away at the slightest hint of trouble, intimidated by the mere suggestion that they’re being watched.

Indeed, a father in the UK – who received a warning last year as part of the Get it Right From a Genuine Site campaign – confidently and forcefully assured TF that there would be no more illegal file-sharing taking place on his ten-year-old son’s computer again – ever.

In France, where the HADOPI anti-piracy scheme received much publicity, people receiving an initial notice are most unlikely to receive additional ones in future. A December 2017 report indicated that of nine million first warning notices sent to alleged pirates since 2012, ‘just’ 800,000 received a follow-up warning on top.

The suggestion is that people either stop their piracy after getting a notice or two, or choose to “go dark” instead, using streaming sites for example or perhaps torrenting behind a decent VPN.

But for some people, the message simply doesn’t sink in early on.

A post on Reddit this week by a TWC Spectrum customer revealed that despite a wealth of readily available information (including masses in the specialist subreddit where the post was made), even several warnings fail to have an effect.

“Was just hit with my 5th copyright violation. They halted my internet and all,” the self-confessed pirate wrote.

There are at least three important things to note from this opening sentence.

Firstly, the first four warnings did nothing to change the user’s piracy habits. Secondly, Spectrum presumably had enough at five warnings and kicked in a repeat-infringer suspension, presumably to avoid the same fate as Cox in the BMG case. Third, the account suspension seems to have changed the game.

Notably, rather than some huge blockbuster movie, that fifth warning came due to something rather less prominent.

“Thought I could sneak in a random episode of Rosanne. The new one that aired LOL. That fast. Under 24 hours I got shut off. Which makes me feel like [ISPs] do monitor your traffic and its not just the people sending them notices,” the post read.

Again, some interesting points here.

Any content can be monitored by rightsholders but if it’s popular in the US then a warning delivered via an ISP seems to be more likely than elsewhere. However, the misconception that the monitoring is done by ISPs persists, despite that not being the case.

ISPs do not monitor users’ file-sharing activity, anti-piracy companies do. They can grab an IP address the second someone enters a torrent swarm, or even connects to a tracker. It happens in an instant, at a time of their choosing. Quickly jumping in and out of a torrent is no guarantee and the fallacy of not getting caught due to a failure to seed is just that – a fallacy.

But perhaps the most important thing is that after five warnings and a disconnection, the Reddit user decided to take action. Sadly for the people behind Rosanne, it’s not exactly the reaction they’d have hoped for.

“I do not want to push it but I am curious to what happens 6th time, and if I would even be safe behind a VPN,” he wrote.

“Just want to learn how to use a VPN and Sonarr and have a guilt free stress free torrent watching.”

Of course, there was no shortage of advice.

“If you have gotten 5 notices, you really should of learnt [sic] how to use a VPN before now,” one poster noted, perhaps inevitably.

But curiously, or perhaps obviously given the number of previous warnings, the fifth warning didn’t come as a surprise to the user.

“I knew they were going to hit me for it. I just didn’t think a 195mb file would do it. They were getting me for Disney movies in the past,” he added.

So how do you grab the attention of a persistent infringer like this? Five warnings and a suspension apparently. But clearly, not even that is a guarantee of success. Perhaps this is why most ‘strike’ schemes tend to give up on people who can’t be rehabilitated.

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

Pirate Site-Blocking? Music Biz Wants App Blocking Too

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-blocking-music-biz-wants-app-blocking-too-180415/

In some way, shape or form, Internet piracy has always been carried out through some kind of application. Whether that’s a peer-to-peer client utilizing BitTorrent or eD2K, or a Usenet or FTP tool taking things back to their roots, software has always played a crucial role.

Of course, the nature of the Internet beast means that software usage is unavoidable but in recent years piracy has swung more towards the regular web browser, meaning that sites and services offering pirated content are largely easy to locate, identify and block, if authorities so choose.

As revealed this week by the MPA, thousands of platforms around the world are now targeted for blocking, with 1,800 sites and 5,300 domains blocked in Europe alone.

However, as the Kodi phenomenon has shown, web-based content doesn’t always have to be accessed via a standard web browser. Clever but potentially illegal addons and third-party apps are able to scrape web-based resources and present links to content on a wide range of devices, from mobile phones and tablets to set-top boxes.

While it’s still possible to block the resources upon which these addons rely, the scattered nature of the content makes the process much more difficult. One can’t simply block a whole platform because a few movies are illegally hosted there and even Google has found itself hosting thousands of infringing titles, a situation that’s ruthlessly exploited by addon and app developers alike.

Needless to say, the situation hasn’t gone unnoticed. The Alliance for Creativity and Entertainment has spent the last year (1,2,3) targeting many people involved in the addon and app scene, hoping they’ll take their tools and run, rather than further develop a rapidly evolving piracy ecosystem.

Over in Russia, a country that will happily block hundreds or millions of IP addresses if it suits them, the topic of infringing apps was raised this week. It happened during the International Strategic Forum on Intellectual Property, a gathering of 500 experts from more than 30 countries. There were strong calls for yet more tools and measures to deal with films and music being made available via ‘pirate’ apps.

The forum heard that in response to widespread website blocking, people behind pirate sites have begun creating applications for mobile devices to achieve the same ends – the provision of illegal content. This, key players in the music industry say, means that the law needs to be further tightened to tackle the rising threat.

“Consumption of content is now going into the mobile sector and due to this we plan to prevent mass migration of ‘pirates’ to the mobile sector,” said Leonid Agronov, general director of the National Federation of the Music Industry.

The same concerns were echoed by Alexander Blinov, CEO of Warner Music Russia. According to TASS, the powerful industry player said that while recent revenues had been positively affected by site-blocking, it’s now time to start taking more action against apps.

“I agree with all speakers that we can not stop at what has been achieved so far. The music industry has a fight against illegal content in mobile applications on the agenda,” Blinov said.

And if Blinov is to be believed, music in Russia is doing particularly well at the moment. Attributing successes to efforts by parliament, the Ministry of Communications, and copyright holders, Blinov said the local music market has doubled in the past two years.

“We are now in the top three fastest growing markets in the world, behind only China and South Korea,” Blinov said.

While some apps can work in the same manner as a basic web interface, others rely on more complex mechanisms, ‘scraping’ content from diverse sources that can be easily and readily changed if mitigation measures kick in. It will be very interesting to see how Russia deals with this threat and whether it will opt for highly technical solutions or the nuclear options demonstrated recently.

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

IP Address Fail: ISP Doesn’t Have to Hand ‘Pirates’ Details to Copyright Trolls

Post Syndicated from Andy original https://torrentfreak.com/ip-address-fail-isp-doesnt-have-to-hand-pirates-details-to-copyright-trolls-180414/

On October 27, 2016, UK-based Copyright Management Services (CMS) filed a case against Sweden-based ISP, Tele2.

CMS, run by Patrick Achache of German-based anti-piracy outfit MaverickEye (which in turn is deeply involved with infamous copyright troll outfit Guardaley), claimed that Tele2 customers had infringed its clients’ copyrights on the movies Cell and IT by sharing them via BitTorrent.

Since Tele2 had the personal details of the customers behind those IP addresses, CMS asked the Patent and Market Court to prevent the ISP from deleting the data before it could be handed over. Once in its possession, CMS would carry out the usual process of writing to customers and demanding cash settlements to make supposed lawsuits go away.

Tele2 complained that it could not hand over the details of customers using NAT addresses since it simply doesn’t hold that information. The ISP also said it could not hand over details of customers if IP address information had previously been deleted.

Taking these objections into consideration, in November 2017 the Court approved an interim order in respect of the remaining IP addresses. But there were significant problems which led the ISP to appeal.

According to tests carried out by Tele2, many of the IP addresses in the case did not relate to Sweden or indeed Tele2. In fact, some IP addresses belonged to foreign companies or mere affiliates of the ISP.

“Tele2 thus lacks the actual ability to provide information regarding a large part of the IP addresses covered by the submission,” the Court of Appeal noted in a decision published this week.

The problem appears to lie with the way the MaverickEye monitoring system attributed monitored IP addresses to Tele2.

The Court notes that the company relied on the RIPE Database which stated that the IP addresses in question were allocated to the “geographic area of Sweden”. According to Tele2, however, that wasn’t the case and as such, it had no information to hand over.

CMS, on the other hand, maintained that according to RIPE’s records, Tele2 was indeed the controller of the IP addresses in question so must hand over the information as requested.

While the Patent and Market Court said that Tele2 didn’t object to the MaverickEye monitoring software in terms of the data it collects on file-sharers, it noted that CMS had failed to initiate an investigation in respect of the IP addresses allegedly not belonging to Tele2.

“CMS has not invoked any investigation showing how the identification of the IP addresses in question is made in this case or who at Maverickeye UG was responsible for this,” the Court writes.

“Nor did CMS use the opportunity to hear representatives of Tele2 or others with Tele2 in mind to discover if the company has access to any of the current IP addresses and, if so, which.”

Considering the above, the Court notes that Tele2’s statement, that it doesn’t have access to the data, must stand.

“In these circumstances, CMS, against Tele2’s appeal, has not shown that Tele2 holds the information requested by the disclosure order. CMS’ application for a disclosure order should therefore be rejected,” the Court concludes.

The decision cannot be appealed so Copyright Management Services won’t get its hands on the personal details of the people behind the IP addresses, at least through this process.

The decision (Swedish, pdf)

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Fstoppers Uploaded a Brilliant Hoax ‘Anti-Piracy’ Tutorial to The Pirate Bay

Post Syndicated from Andy original https://torrentfreak.com/fstoppers-uploaded-a-brilliant-hoax-anti-piracy-tutorial-to-the-pirate-bay-180307/

Fstoppers is an online community that produces extremely high-quality photographic tutorials. One of its most popular series is called Photographing the World which sees photographer Elia Locardi travel to exotic locations to demonstrate landscape and cityscape photography.

These tutorials sell for almost $300, with two or three versions in a pack selling for up $700. Of course, like any other media they get pirated so when Fstoppers were ready to release Photographing the World 3, they released it themselves on torrent sites a few days before retail.

Well, that’s what they wanted the world to believe.

“I think it’s fair to say that we’ve all downloaded ‘something’ illegally in the past. Whether it’s an MP3 years ago or a movie or a TV show, and occasionally you download something and it turns out it was kinda like a Rick Roll,” says Locardi.

“So we kept talking and we thought it would be a good idea to create this dummy lesson or shadow tutorial that was actually a fake and then seed it on BitTorrent.”

Where Fstoppers normally go to beautiful and exotic international locations, for their fake they decided to go to an Olive Garden in Charleston, South Carolina. Yet despite the clear change of location, they wanted people to believe the tutorial was legitimate.

“We wanted to ride this constant line of ‘Is this for real? Could this possibly be real? Is Elia [Locardi] joking right now? I don’t think he’s joking, he’s being totally serious’,” says Lee Morris, one of the co-owners of Fstoppers.

People really have to watch the tutorial to see what a fantastic job Fstoppers did in achieving that goal. For anyone unfamiliar with their work, the tutorial is initially hard to spot as a fake and even for veterans the level of ambiguity is really impressive.

However, when the tutorial heads back to the studio, where the post-processing lesson gets underway, there can be no doubt that something is amiss.

Things start off normally with serious teaching, then over time, the tutorial gets more and more ridiculous. Then, when the camera cuts away to show Locardi forming a ‘mask’ on an Olive Garden image, there can be no confusion.

That’s a cool mask….wait..

In order to get the tutorial out to the world, the site created its own torrent. They had never done anything like it before so got some associates to upload the huge 25GB+ package to The Pirate Bay and have their friends seed it. Then, in order to get past more savvy users on the site, they had other people come in and give the torrent good (but fake) reviews.

The fake torrent on The Pirate Bay (as of yesterday)

Screenshots provided by Fstoppers taken months ago reveal hundreds of downloaders. And, according to Morris, the fake became the most-downloaded Photographing the World 3 torrent online, meaning that the “majority of downloaders” got the comedy version.

Also of interest is the feedback Fstoppers got following their special release. Emails flooded in from pirates, some of whom were confused while others were upset at the ‘quality’ of the tutorial.

“The whole time we were thinking: ‘This isn’t even on the market yet! You guys are totally stealing this and emailing us and complaining about it,” says Fstoppers co-owner Patrick Hall.

While the tutorial itself is brilliant, Fstoppers points to a certain hypocrisy within its target audience of photographers, who themselves have to put up with a lot of online piracy of their work. Yet, clearly, many are happy to pirate the work of other photographers in order to make their own art better.

All that being said, the exercise is certainly an interesting one and the creativity behind the hoax puts it head and shoulders above more aggressive anti-piracy campaigns. However, when TF tracked down the torrent on The Pirate Bay last evening, it’s popularity had nosedived.

While it was initially downloaded by a lot of eager photographers, probably encouraged by the fake comments placed on the site by Fstoppers, the torrent is now only being shared by less than 10 people. As usual, the Pirate Bay users appear to have caught on, flagging the torrent as a fake. The moderators, it seems, have also deleted the fake comments.

While most people won’t want to download a 25GB torrent to see what Fstoppers came up with, the site has uploaded the fake tutorial to YouTube. It’s best viewed alongside their other work, which is sensational, but people should get a good idea by watching the explanation below.

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

Torrent Seedbox Veterans Bow Out of Changing Market

Post Syndicated from Andy original https://torrentfreak.com/torrent-seedbox-veterans-bow-out-of-changing-market-180304/

BitTorrent users today have several basic ways to download content. The most popular is via a dedicated torrent client installed on a Windows, Linux, Android or similar operating system at home.

While this kind of activity is necessarily ‘local’, power users over the years have turned to systems that enable them to download and share potentially huge quantities of data.

Essentially computer servers running torrent client software in remote locations, these so-called ‘seedboxes’ became a must-have for anyone looking to stand out in the torrent world as a sharing sensation.

While widespread, companies selling access to seedboxes haven’t really generated much noise publicly over the years. However, this week an announcement from one of the longer-standing companies caught our attention. After being founded eight years ago, popular provider SeedStuff.ca has decided to exit the seedbox business.

“We originally opened in 2010, however we have seen an ever changing climate in the industry and as new technologies emerge and people shift to more conventional means of file sharing our services have seen a steady decline over the past few years,” the company said in a statement published on its website.

“At this time, it simply is no longer viable to continue offering the services we do.”

Considering BitTorrent itself made its mark as a disruptive technology, it’s interesting that a company like SeedStuff would have its business disrupted by other file-sharing methods. So, we asked the provider a little more about its history and its ultimate decision to close down.

“We started from the backroom IRC channels on 56k connections, so torrents have always been a blessing,” a spokesperson said.

“Between 2005 and 2010, I think the rise of ‘Private’ trackers really started to make the scene shine. You were able to find and connect with the content you wanted as well as the communities of people who shared interests as well.

“The private trackers gamified seeding and rewarded their best members, this is what really paved the way for seedboxes. The users felt a need to compete and often did not have access to the means to do so, but could contract these machines out to help them succeed. The demand for seedboxes started in about 2010, which I think you will see coincided with a huge spike of private tracker activity.”

SeedStuff says its initial aim was to improve user experience by not following the decision by many existing providers to “stuff as many users as possible” into each server. Restricting each unit to a maximum of four users and accepting just a small profit on each, the service grew while gaining support from customers.

“At our peak, we serviced over 4000 customers per month. Our total email database was well over 10,000 customer accounts. We did not monitor bandwidth or user activities as we felt this to be intrusive. We only dealt with server providers who offered unlimited bandwidth so that we were able to allow for the best user experience without limits,” the company explains.

But after several years of growth, SeedStuff noticed a change. In addition to suffering a painful database crash caused by a host and a failed backup regime, in 2015 the company observed a shift in user patterns.

“We noticed around this time that streaming services had started to become mainstream in almost every home and people were simply not using our services anymore. The main cancellation reason for the last three years has been ‘Not needed anymore’,” SeedStuff notes.

“I think torrenting developed for many reasons including ease of use, availability and cost to access media. Many of these issues have been improved by current systems so there is no need for consumers to use torrents for half their content, but we aren’t there yet and the industry seems to be dialing it back again.”

SeedStuff believes that while there will be a steady decline in torrent usage, the protocol will remain relevant for a long time to come. It could even enjoy a resurgence if distribution companies restrict availability or require multiple accounts to access all content.

“If a customer needs dedicated Netflix, HBO, CBS and Hulu accounts to access the shows they want, they might see these costs as too much compared to a decent torrenting connection,” the company says.

Of course, market changes can always have an effect on a company’s direction but SeedStuff says that in addition to tackling a myriad of technical issues, in the end there were also problems with team members migrating to other areas.

“Some of our team also moved on to new projects and started new companies which are now more exciting to them. Everything compounded and eventually lead us to split and go our separate ways. We just wanted to thank everyone who remained a customer through the years and are sorry we had to shut down,” the company concludes.

While there are plenty of other seedbox providers around, it seems fairly clear that things aren’t what they used to be, with streaming and other technologies all helping to disrupt the market. SeedStuff points towards IPFS as yet another potential torrent disrupter of the future. Time will tell.

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

Spanish Authorities Launch New Campaign to Block Pirate Websites

Post Syndicated from Andy original https://torrentfreak.com/spanish-authorities-launch-new-campaign-to-block-pirate-websites-180223/

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, a court in Spain recently ordered local ISPs to block HDFull.tv and Repelis.tv, a pair of popular pirate sites.

Citing changes in local law which helped facilitate the action, the MPA welcomed the blockades as necessary to prevent further damage to the creative industries. Now, just a week later, it seems that Spain really has the bit between its teeth.

An announcement from the Guardia Civil (Civil Guard), the oldest law enforcement agency in the country, reveals that almost two dozen websites have just been blocked for infringing intellectual property rights.

“The Civil Guard, within the framework of the ‘Operation CASCADA’, has initiated a campaign to block websites that allow people to download content protected by copyright and disseminate them through links in P2P networks, that is, networks of computers that work without fixed servers,” the Civil Guard said in a statement.

“In this first phase, a total of 23 web domains have been blocked from which direct download links of all kinds of protected audiovisual material such as movies, series, music and video games were accessed, many of them of recent creation and without being released yet in our country.

“High-quality versions of films available on the cinema billboards of our country were offered, although they had not yet been sold in physical or digital format and dubbed with audio in several languages.”

A full list of websites and domains hasn’t yet been provided by the authorities but familiar names including divxtotal.com and gamestorrents.com are confirmed to be included in the first wave.

The Civil Guard, which is organized as a military force under the authority of the Ministry of the Interior and Ministry of Defense, said that the administrators of the sites operate their platforms from abroad, generating advertising revenue from Spanish visitors who are said to make up 80% of the sites’ traffic.

In common with similar sites, the authorities accuse their owners of taking evasive action to avoid being shut down, including hiding the true location of their servers while moving them from country to country and masking domain registration data.

“Cases have been detected in which previously judicially blocked domains were reactivated in a matter of hours, with practically identical domain names or even changing only the extension thereof. In this way, and even if several successive blocks were made, they were able to ‘resurrect’ the web pages again in a very short space of time,” the Civil Guard reports.

“For all these reasons, components of the Department of Telematic Crimes of the Central Operative Unit of the Civil Guard, responsible for the investigation, were forced to implement a series of measures tending to cause a total blockade of them that would be effective and definitive, being currently inaccessible web pages or lacking download links.”

According to the authorities, the sites are now being continuously monitored, with replacement domains being blocked in less than three hours. That doesn’t appear to have been the case yesterday, however.

It’s claimed that the blocked sites were created by “a person of Spanish origin” who subsequently sold them to a company in Argentina. On Thursday, Argentina-based site Dixv.com.ar fired back against the blockade with a new site called Yadivx.com, which is reportedly serving all of the former’s content to users in Spain.

The sites’ owners continue to administer the rogue sites from Argentina, Spanish authorities believe. Only time will tell who will emerge victorious but at least for now, the sites are remaining defiant.

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

Dutch Continue to Curb Illegal Downloading But What About Streaming?

Post Syndicated from Andy original https://torrentfreak.com/dutch-continue-to-curb-illegal-downloading-but-what-about-streaming-180222/

After many years of downloading content with impunity, 2014 brought a culture shock to the Dutch.

Citizens were previously allowed to obtain content for their own use due to a levy on blank media that compensated rightsholders. However, the European Court of Justice found that system to be illegal and the government quickly moved to ban downloading from unauthorized sources.

In the four years that have passed since the ban, the downloading landscape has undergone change. That’s according to a study published by the Consumer Insights panel at Telecompaper which found that while 41% of respondents downloaded movies, TV shows, music and games from unauthorized sources in 2013, the figure had plunged to 27% at the end of 2016. There was a further drop to 24% by the end of 2017.

Of the people who continue to download illegally, men are overrepresented, the study found. While 27% of men obtained media for free during the last year to October 2017, only 21% of women did likewise.

While as many as 150 million people still use P2P technologies such as BitTorrent worldwide, there is a general decline in usage and this is reflected in the report.

In 2013, 18% of Dutch respondents used torrent-like systems to download, a figure that had fallen to 8% in 2016 and 6% last year. Again, male participants were overrepresented, outnumbering women by two to one. However, people appear to be visiting P2P networks less.

“The study showed that people who reported using P2P to download content, have done so on average 37 times a year [to October 2017]. In January of 2017 it was significantly higher, 61 times,” the study notes. P2P usage in November 2015 was rated at 98 instances per year.

Perhaps surprisingly, one of the oldest methods of downloading content has maintained its userbase in more recent years. Usenet, otherwise known as the newsgroups, accounted for 9% of downloaders in 2013 but after falling to around 6% of downloaders in 2016, that figure remained unchanged in 2017. Almost five times more men used newsgroups than women.

At the same time as showing a steady trend in terms of users, instances of newsgroup downloading are reportedly up in the latest count. In November 2015, people used the system an average of 98 times per year but in January 2017 that had fallen to 66 times. The latest figures find an average use of 68 times per year.

Drilling down into more obscure systems, 2% of respondents told Telecompaper that they’d used an FTP server during the past year, a method that was entirely dominated by men.

While the Dutch downloading ban in 2013 may have played some part in changing perceptions, the increased availability of legal offers cannot be ignored. Films and TV shows are now widely available on services such as Netflix and Amazon, while music is strongly represented via Spotify, Apple, Deezer and similar platforms.

Indeed, 12% of respondents said they are now downloading less illegally because it’s easier to obtain paid content, that’s versus 11% at the start of 2017 and just 3% in 2013. Interestingly, 14% of respondents this time around said their illegal downloads are down because they have more restrictions on their time.

Another interesting reason given for downloading less is that pirate content is becoming harder to find. In 2013, just 4% cited this as a cause for reduction yet in 2017, this had jumped to 8% of respondents, with blocked sites proving a stumbling block for some users.

On the other hand, 3% of respondents said that since content had become easier to find, they are now downloading more. However, that figure is down from 13% in November 2013 and 6% in January 2017.

But with legal streaming certainly making its mark in the Netherlands, the illegal streaming phenomenon isn’t directly addressed in the report. It is likely that a considerable number of citizens are now using this method to obtain their content fix in a way that’s not as easily trackable as torrent-like systems.

Furthermore, given the plans of local film distribution Dutch FilmWorks to chase and demand cash settlements from BitTorrent users, it’s likely that traffic to streaming sites will only increase in the months to come, at least for those looking to consume TV shows and movies.

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

Copyright Trolls Target Up to 22,000 Norwegians for Movie Piracy

Post Syndicated from Andy original https://torrentfreak.com/copyright-trolls-target-up-to-22000-norwegians-for-movie-piracy-180220/

Last January it was revealed that after things had become tricky in the US, the copyright trolls behind the action movie London Has Fallen were testing out the Norwegian market.

Reports emerged of letters being sent out to local Internet users by Danish law firm Njord Law, each demanding a cash payment of 2,700 NOK (around US$345). Failure to comply, the company claimed, could result in a court case and damages of around $12,000.

The move caused outrage locally, with consumer advice groups advising people not to pay and even major anti-piracy groups distancing themselves from the action. However, in May 2017 it appeared that progress had been made in stopping the advance of the trolls when another Njord Law case running since 2015 hit the rocks.

The law firm previously sent a request to the Oslo District Court on behalf of entertainment company Scanbox asking ISP Telenor to hand over subscribers’ details. In May 2016, Scanbox won its case and Telenor was ordered to hand over the information.

On appeal, however, the tables were turned when it was decided that evidence supplied by the law firm failed to show that sharing carried out by subscribers was substantial.

Undeterred, Njord Law took the case all the way to the Supreme Court. The company lost when a panel of judges found that the evidence presented against Telenor’s customers wasn’t good enough to prove infringement beyond a certain threshold. But Njord Law still wasn’t done.

More than six months on, the ruling from the Supreme Court only seems to have provided the company with a template. If the law firm could show that the scale of sharing exceeds the threshold set by Norway’s highest court, then disclosure could be obtained. That appears to be the case now.

In a ruling handed down by the Oslo District Court in January, it’s revealed that Njord Law and its partners handed over evidence which shows 23,375 IP addresses engaged in varying amounts of infringing behavior over an extended period. The ISP they have targeted is being kept secret by the court but is believed to be Telenor.

Using information supplied by German anti-piracy outfit MaverickEye (which is involved in numerous copyright troll cases globally), Njord Law set out to show that the conduct of the alleged pirates had been exceptional for a variety of reasons, categorizing them variously (but non-exclusively) as follows:

– IP addresses involved in BitTorrent swarm sizes greater than 10,000 peers/pirates
– IP addresses that have shared at least two of the plaintiffs’ movies
– IP addresses making available the plaintiffs’ movies on at least two individual days
– IP addresses that made available at least ten movies in total
– IP addresses that made available different movies on at least ten individual days
– IP addresses that made available movies from businesses and public institutions

While rejecting some categories, the court was satisfied that 21,804 IP addresses of the 23,375 IP addresses presented by Njord Law met or exceeded the criteria for disclosure. It’s still not clear how many of these IP addresses identify unique subscribers but many thousands are expected.

“For these users, it has been established that the gravity, extent, and harm of the infringement are so great that consideration for the rights holder’s interests in accessing information identifying the [allegedly infringing] subscribers is greater than the consideration of the subscribers’,” the court writes in its ruling.

“Users’ confidence that their private use of the Internet is protected from public access is a generally important factor, but not in this case where illegal file sharing has been proven. Nor has there been any information stating that the offenders in the case are children or anything else which implies that disclosure of information about the holder of the subscriber should be problematic.”

While the ISP (Telenor) will now have to spend time and resources disclosing its subscribers’ personal details to the law firm, it will be compensated for its efforts. The Oslo District Court has ordered Njord Law to pay costs of NOK 907,414 (US$115,822) plus NOK 125 (US$16.00) for every IP address and associated details it receives.

The decision can be appealed but when contacted by Norwegian publication Nettavisen, Telenor declined to comment on the case.

There is now the question of what Njord Law will do with the identities it obtains. It seems very likely that it will ask for a sum of money to make a potential lawsuit go away but it will still need to take an individual subscriber to court in order to extract payment, if they refuse to pay.

This raises the challenge of proving that the subscriber is the actual infringer when it could be anyone in a household. But that battle will have to wait until another day.

The full decision of the Oslo District Court can be found here (Norwegian)

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The Early Days of Mass Internet Piracy Were Awesome Yet Awful

Post Syndicated from Andy original https://torrentfreak.com/the-early-days-of-mass-internet-piracy-were-awesome-yet-awful-180211/

While Napster certainly put the digital cats among the pigeons in 1999, the organized chaos of mass Internet file-sharing couldn’t be truly appreciated until the advent of decentralized P2P networks a year or so later.

In the blink of an eye, everyone with a “shared folder” client became both a consumer and publisher, sucking in files from strangers and sharing them with like-minded individuals all around the planet. While today’s piracy narrative is all about theft and danger, in the early 2000s the sharing community felt more like distant friends who hadn’t met, quietly trading cards together.

Satisfying to millions, those who really engaged found shared folder sharing a real adrenaline buzz, as English comedian Seann Walsh noted on Conan this week.

“Click. 20th Century Fox comes up. No pixels. No shaky cam. No silhouettes of heads at the bottom of the screen, people coming in five minutes late. None of that,” Walsh said, recalling his experience of downloading X-Men 2 (X2) from LimeWire.

“We thought: ‘We’ve done it!!’ This was incredible! We were going to have to go to the cinema. We weren’t going to have to wait for the film to come out on video. We weren’t going to have to WALK to blockbuster!”

But while the nostalgia has an air of magic about it, Walsh’s take on the piracy experience is bittersweet. While obtaining X2 without having to trudge to a video store was a revelation, there were plenty of drawbacks too.

Downloading the pirate copy took a week, which pre-BitTorrent wasn’t a completely bad result but still a considerable commitment. There were also serious problems with quality control.

“20th Century fades, X Men 2 comes up. We’ve done it! We’re not taking it for granted – we’re actually hugging. Yes! Yes! We’ve done it! This is the future! We look at the screen, Wolverine turns round…,” …..and Walsh launches into a broadside of pseudo-German babble, mimicking the unexpectedly-dubbed superhero.

After a week of downloading and getting a quality picture on launch, that is a punch in the gut, to say the least. Arguably no less than a pirate deserves, some will argue, but a fat lip nonetheless, and one many a pirate has suffered over the years. Nevertheless, as Walsh notes, it’s a pain that kids in 2018 simply cannot comprehend.

“Children today are living the childhood I dreamed of. If they want to hear a song – touch – they stream it. They’ve got it now. Bang. Instantly. They don’t know the pain of LimeWire.

“Start downloading a song, go to school, come back. HOPE that it’d finished! That download bar messing with you. Four minutes left…..nine HOURS and 28 minutes left? Thirty seconds left…..52 hours and 38 minutes left? JUST TELL ME THE TRUTH!!!!!” Walsh pleaded.

While this might sound comical now, this was the reality of people downloading from clients such as LimeWire and Kazaa. While X2 in German would’ve been torture for a non-German speaker, the misery of watching an English language copy of 28 Days Later somehow crammed into a 30Mb file is right up there too.

Mislabeled music with microscopic bitrates? That was pretty much standard.

But against the odds, these frankly second-rate experiences still managed to capture the hearts and minds of the digitally minded. People were prepared to put up with nonsense and regular disappointment in order to consume content in a way fit for the 21st century. Yet somehow the combined might of the entertainment industries couldn’t come up with anything substantially better for a number of years.

Of course, broadband availability and penetration played its part but looking back, something could have been done. Not only didn’t the Internet’s popularity come as a surprise, people’s expectations were dramatically lower than they are today too. In any event, beating the pirates should have been child’s play. After all, it was just regular people sharing files in a Windows folder.

Any fool could do it – and millions did. Surprisingly, they have proven unstoppable.

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

Judge Tells Movie Company That it Can’t Sue Alleged BitTorrent Pirate

Post Syndicated from Andy original https://torrentfreak.com/judge-tells-movie-company-that-it-cant-sue-alleged-bittorrent-pirate-180118/

Despite a considerable migration towards streaming piracy in recent years, copyright trolls are still finding plenty of potential targets around the world. Alleged BitTorrent pirates are target number one since their activities are most easily tracked. However, it isn’t all plain sailing for the pirate hunters.

Last December we reported on the case of Lingfu Zhang, an Oregan resident accused by the makers of the 2015 drama film Fathers & Daughters (F&D) of downloading and sharing their content without permission. While these kinds of cases often disappear, with targets making confidential settlements to make a legal battle go away, Zhang chose to fight back.

Represented by attorney David Madden, Zhang not only denied downloading the movie in question but argued that the filmmakers had signed away their online distribution rights. He noted that (F&D), via an agent, had sold the online distribution rights to a third party not involved in the case.

So, if F&D no longer held the right to distribute the movie online, suing for an infringement of those rights would be impossible. With this in mind, Zhang’s attorney moved for a summary judgment in his client’s favor.

“ZHANG denies downloading the movie but Defendant’s current motion for summary judgment challenges a different portion of F&D’s case,” Madden wrote.

“Defendant argues that F&D has alienated all of the relevant rights necessary to sue for infringement under the Copyright Act.”

In response, F&D argued that they still held some rights, including the right to exploit the movie on “airlines and oceangoing vessels” but since Zhang wasn’t accused of being on either form of transport when the alleged offense occurred, the defense argued that point was moot.

Judge Michael H. Simon handed down his decision yesterday and it heralds bad news for F&D and celebration time for Zhang and his attorney. In a 17-page ruling first spotted by Fight Copyright Trolls, the Judge agrees that F&D has no standing to sue.

Citing the Righthaven LLC v. Hoehn case from 2013, the Judge notes that under the Copyright Act, only the “legal or beneficial owner of an exclusive right under a copyright” has standing to sue for infringement of that right.

Judge Simon notes that while F&D claims it is the ‘legal owner’ of the copyright to the Fathers & Daughters movie, the company “misstates the law”, adding that F&D also failed to present evidence that it is the ‘beneficial owner’ of the relevant exclusive right. On this basis, both claims are rejected.

The Judge noted that the exclusive rights to the movie were granted to a company called Vertical Entertainment which received the exclusive right to “manufacture, reproduce, sell, rent, exhibit, broadcast, transmit, stream, download, license, sub-license, distribute, sub-distribute, advertise, market, promote, publicize and exploit” the movie in the United States.

An exclusive license means that ownership of a copyright is transferred for the term of the license, meaning that Vertical – not F&D – is the legal owner under the Copyright Act. It matters not, the Judge says, that F&D retained the rights to display the movie “on airlines and ships” since only the transferee (Vertical) has standing to sue and those locations are irrelevant to the lawsuit.

“Under the Copyright Act, F&D is not the ‘legal owner’ with standing to sue for infringement relating to the rights that were transferred to Vertical through its exclusive license granted in the distribution agreement,” the Judge writes.

Also at issue was an undated document presented by F&D titled Anti-Piracy and Rights Enforcement Reservation of Rights Addendum. The document, relied upon by F&D, claimed that F&D is authorized to “enforce copyrights against Internet infringers” including those that use peer-to-peer technologies such as BitTorrent.

However, the Judge found that the peer-to-peer rights apparently reserved to F&D were infringing rights, not the display and distribution (exclusive rights) required to sue under the Copyright Act. Furthermore, the Judge determined that there was no evidence that this document existed before the lawsuit was filed. Zhang and his attorney previously asserted the addendum had been created afterwards and the Judge agrees.

“F&D did not dispute that the undated anti-piracy addendum was created after this lawsuit was filed, or otherwise respond to Defendant’s standing argument relating to the untimeliness of this document,” the Judge notes.

“Accordingly, because the only reasonable inference supported by the evidence is that this document was created after the filing of this lawsuit, it is not appropriate to consider for purposes of standing.”

So, with Vertical Entertainment the only company with the right to sue, could they be added to the lawsuit, F&D asked? Citing an earlier case, the Judge said ‘no’, noting that “summary judgment is not a procedural second chance to flesh out inadequate pleadings.”

With that, Judge Simon granted Lingfu Zhang’s request for summary judgment and dismissed F&D’s claims for lack of standing.

As noted by Fight Copyright Trolls, the movie licensing scheme employed by F&D is complex and, given the fact that notorious copyright troll outfit Guardaley is involved (Guardaley filed 24 cases in eight districts on behalf of F&D), it would be interesting if legal professionals could dig deeper, to see how far the rabbit hole goes.

The summary judgment can be found here (pdf)

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

The Man from Earth Sequel ‘Pirated’ on The Pirate Bay – By Its Creators

Post Syndicated from Andy original https://torrentfreak.com/the-man-from-earth-sequel-pirated-on-the-pirate-bay-by-its-creators-180116/

More than a decade ago, Hollywood was struggling to get to grips with the file-sharing phenomenon. Sharing via BitTorrent was painted as a disease that could kill the movie industry, if it was allowed to take hold. Tough action was the only way to defeat it, the suits concluded.

In 2007, however, a most unusual turn of events showed that piracy could have a magical effect on the success of a movie.

After being produced on a tiny budget, a then little-known independent sci-fi film called “The Man from Earth” turned up on pirate sites, to the surprise of its creators.

“Originally, somebody got hold of a promotional screener DVD of ‘Jerome Bixby’s The Man from Earth’, ripped the file and posted the movie online before we knew what was even happening,” Man from Earth director Richard Schenkman informs TorrentFreak.

“A week or two before the DVD’s ‘street date’, we jumped 11,000% on the IMDb ‘Moviemeter’ and we were shocked.”

With pirates fueling interest in the movie, a member of the team took an unusual step. Producer Eric Wilkinson wrote to RLSlog, a popular piracy links site – not to berate pirates – but to thank them for catapulting the movie to fame.

“Our independent movie had next to no advertising budget and very little going for it until somebody ripped one of the DVD screeners and put the movie online for all to download. Most of the feedback from everyone who has downloaded ‘The Man From Earth’ has been overwhelmingly positive. People like our movie and are talking about it, all thanks to piracy on the net!” he wrote.

Richard Schenkman told TF this morning that availability on file-sharing networks was important for the movie, since it wasn’t available through legitimate means in most countries. So, the team called out to fans for help, if they’d pirated the movie and had liked what they’d seen.

“Once we realized what was going on, we asked people to make donations to our PayPal page if they saw the movie for free and liked it, because we had all worked for nothing for two years to bring it to the screen, and the only chance we had of surviving financially was to ask people to support us and the project,” Schenkman explains.

“And, happily, many people around the world did donate, although of course only a tiny fraction of the millions and millions of people who downloaded pirated copies.”

Following this early boost The Man from Earth went on to win multiple awards. And, a decade on, it boasts a hugely commendable 8/10 score on IMDb from more than 147,000 voters, with Netflix users leaving over 650,000 ratings, which reportedly translates to well over a million views.

It’s a performance director Richard Schenkman would like to repeat with his sequel: The Man from Earth: Holocene. This time, however, he won’t be leaving the piracy aspect to chance.

Yesterday the team behind the movie took matters into their own hands, uploading the movie to The Pirate Bay and other sites so that fans can help themselves.

“It was going to get uploaded regardless of what we did or didn’t do, and we figured that as long as this was inevitable, we would do the uploading ourselves and explain why we were doing it,” Schenkman informs TF.

“And, we would once again reach out to the filesharing community and remind them that while movies may be free to watch, they are not free to make, and we need their support.”

The release, listed here on The Pirate Bay, comes with detailed notes and a few friendly pointers on how the release can be further shared. It also informs people how they can show their appreciation if they like it.

The Man from Earth: Holocene on The Pirate Bay

“It’s a revolutionary global experiment in the honor system. We’re asking people: ‘If you watch our movie, and you like it, will you pay something directly to the people who made it?’,” Schenkman says.

“That’s why we’re so grateful to all of you who visit ManFromEarth.com and make a donation – of any size – if you’ve watched the movie without paying for it up front.”

In addition to using The Pirate Bay – which is often and incorrectly berated as a purely ‘pirate’ platform with no legitimate uses – the team has also teamed up with OpenSubtitles, so translations for the movie are available right from the beginning.

Other partners include MovieSaints.com, where fans can pay to see the movie from January 19 but get a full refund if they don’t enjoy it. It’s also available on Vimeo (see below) but the version seen by pirates is slightly different, and for good reason, Schenkman says.

“This version of the movie includes a greeting from me at the beginning, pointing out that we did indeed upload the movie ourselves, and asking people to visit manfromearth.com and make a donation if they can afford to, and if they enjoyed the film.

“The version we posted is very high-resolution, although we are also sharing some smaller files for those folks who have a slow Internet connection where they live,” he explains.

“We’re asking people to share ONLY this version of the movie — NOT to edit off the appeal message. And of course we’re asking people not to post the movie at YouTube or any other platform where someone (other than us) could profit financially from it. That would not be fair, nor in keeping with the spirit of what we’re trying to do.”

It’s not often we’re able to do this so it’s a pleasure to say that The Man from Earth: Holocene can be downloaded from The Pirate Bay, in various qualities and entirely legally, here. For those who want to show their appreciation, the tip jar is here.

"The Man from Earth: Holocene" Teaser Trailer from Richard Schenkman on Vimeo.

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

Sky Hits Man With £5k ‘Fine’ For Pirating Boxing on Facebook

Post Syndicated from Andy original https://torrentfreak.com/sky-hits-man-with-5k-fine-for-pirating-boxing-on-facebook-180108/

When people download content online using BitTorrent, they also distribute that content to others. This unlawful distribution attracts negative attention from rightsholders, who have sued hundreds of thousands of individuals worldwide.

Streaming is considered a much safer method to obtain content, since it’s difficult for content owners to track downloaders. However, the same can’t be said about those who stream content to the web for the benefit of others, as an interesting case in the UK has just revealed.

It involves 34-year-old Craig Foster who received several scary letters from lawyers representing broadcaster Sky. The company alleged that during last April’s bout between Anthony Joshua’s and Wladimir Klitschko, Foster live-streamed the multiple world title fight on Facebook Live.

Financially, this was a major problem for Sky, law firm Foot Anstey LLP told Foster. According to their calculations, at least 4,250 people watched the stream without paying Sky Box Office the going rate of £19.95 each. Tapped into Sky’s computers, the broadcaster concluded that Foster owed the company £85,000.

But according to The Mirror, father-of-one Foster wasn’t actually to blame.

“I’d paid for the boxing, it wasn’t like I was making any money. My iPad was signed in to my Facebook account and my friend just started streaming the fight. I didn’t think anything of it, then a few days later they cut my subscription,” Foster said.

“They’re demanding the names and addresses of all my mates who were round that night but I’m not going to give them up. I said I’d take the rap.”

While Foster says he won’t turn in the culprit, there’s no doubt that the fight stream originated from his Sky account. The TV giant embeds watermarks in its broadcasts which enables it to see who paid for an event, should a copy of one turn up on the Internet.

As we reported last year following the Mayweather v McGregor super-fight, the codes are clearly visible with the naked eye.

Sky watermarks, as seen in the Mayweather v McGregor fight

While taking the rap for someone else’s infringing behavior isn’t something anyone should do lightly, it appears that Scarborough-based Foster did just that.

According to Neil Parkes, who specializes in media litigation, content protection and contentious IP at Foot Anstey, Foster accepted responsibility and agreed to pay a settlement.

“Mr Foster broke the law,” Parkes said. “He has acknowledged his wrongdoing, apologised and signed a legally binding agreement to pay a sum of £5,000 to Sky.”

The Mirror, however, has Foster backtracking. He says he wasn’t given enough time to consider his position and now wants to fight Sky in court.

“It’s heavy-handed. I’ve apologized and told them we were drunk,” Foster said.

“I know streaming the fight was wrong. I didn’t stop my friend but I was watching the boxing. I’m just a bloke who had a few drinks with his friends.”

Unless he can find a law firm willing to fight his corner at a hugely cut-down rate, Foster will find this kind of legal fisticuffs to be a massively expensive proposition, one in which he will start out as the clear underdog.

Not only was Foster’s Sky account the originating source, both his iPad and his Facebook account were used to stream the fight. On top of what appears to be a signed confession, he also promised not to do anything else like this in future. Furthermore, he even agreed to issue an apology that Sky can use in future anti-piracy messages.

Of course, Foster might indeed be a noble gentleman but he should be aware that as a civil matter, this fight would be decided on the balance of probabilities, not beyond reasonable doubt. If the judge decides 51% in Sky’s favor, he suffers a knockout along with a huge financial headache.

No one wants a £5,000 bill but that’s a drop in the ocean compared to the cost implications of losing this case.

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

No Level of Copyright Enforcement Will Ever Be Enough For Big Media

Post Syndicated from Andy original https://torrentfreak.com/no-level-of-copyright-enforcement-will-ever-be-enough-for-big-media-180107/

For more than ten years TorrentFreak has documented a continuous stream of piracy battles so it’s natural that, every now and then, we pause to consider when this war might stop. The answer is always “no time soon” and certainly not in 2018.

When swapping files over the Internet first began it wasn’t a particularly widespread activity. A reasonable amount of content was available, but it was relatively inaccessible. Then peer-to-peer came along and it sparked a revolution.

From the beginning, copyright holders felt that the law would answer their problems, whether that was by suing Napster, Kazaa, or even end users. Some industry players genuinely believed this strategy was just a few steps away from achieving its goals. Just a little bit more pressure and all would be under control.

Then, when the landmark MGM Studios v. Grokster decision was handed down in the studios’ favor during 2005, the excitement online was palpable. As copyright holders rejoiced in this body blow for the pirating masses, file-sharing communities literally shook under the weight of the ruling. For a day, maybe two.

For the majority of file-sharers, the ruling meant absolutely nothing. So what if some company could be held responsible for other people’s infringements? Another will come along, outside of the US if need be, people said. They were right not to be concerned – that’s exactly what happened.

Ever since, this cycle has continued. Eager to stem the tide of content being shared without their permission, rightsholders have advocated stronger anti-piracy enforcement and lobbied for more restrictive interpretations of copyright law. Thus far, however, literally nothing has provided a solution.

One would have thought that given the military-style raid on Kim Dotcom’s Megaupload, a huge void would’ve appeared in the sharing landscape. Instead, the file-locker business took itself apart and reinvented itself in jurisdictions outside the United States. Meanwhile, the BitTorrent scene continued in the background, somewhat obliviously.

With the SOPA debacle still fresh in relatively recent memory, copyright holders are still doggedly pursuing their aims. Site-blocking is rampant, advertisers are being pressured into compliance, and ISPs like Cox Communications now find themselves responsible for the infringements of their users. But has any of this caused any fatal damage to the sharing landscape? Not really.

Instead, we’re seeing a rise in the use of streaming sites, each far more accessible to the newcomer than their predecessors and vastly more difficult for copyright holders to police.

Systems built into Kodi are transforming these platforms into a plug-and-play piracy playground, one in which sites skirt US law and users can consume both at will and in complete privacy. Meanwhile, commercial and unauthorized IPTV offerings are gathering momentum, even as rightsholders try to pull them back.

Faced with problems like these we are now seeing calls for even tougher legislation. While groups like the RIAA dream of filtering the Internet, over in the UK a 2017 consultation had copyright holders excited that end users could be criminalized for simply consuming infringing content, let alone distributing it.

While the introduction of both or either of these measures would cause uproar (and rightly so), history tells us that each would fail in its stated aim of stopping piracy. With that eventuality all but guaranteed, calls for even tougher legislation are being readied for later down the line.

In short, there is no law that can stop piracy and therefore no law that will stop the entertainment industries coming back for harsher measures, pursuing the dream. This much we’ve established from close to two decades of litigation and little to no progress.

But really, is anyone genuinely surprised that they’re still taking this route? Draconian efforts to maintain control over the distribution of content predate the file-sharing wars by a couple of hundred years, at the very least. Why would rightsholders stop now, when the prize is even more valuable?

No one wants a minefield of copyright law. No one wants a restricted Internet. No one wants extended liability for innovators, service providers, or the public. But this is what we’ll get if this problem isn’t solved soon. Something drastic needs to happen, but who will be brave enough to admit it, let alone do something about it?

During a discussion about piracy last year on the BBC, the interviewer challenged a caller who freely admitted to pirating sports content online. The caller’s response was clear:

For far too long, broadcasters and rightsholders have abused their monopoly position, charging ever-increasing amounts for popular content, even while making billions. Piracy is a natural response to that, and effectively a chance for the little guy to get back some control, he argued.

Exactly the same happened in the music market during the late 1990s and 2000s. In response to artificial restriction of the market and the unrealistic hiking of prices, people turned to peer-to-peer networks for their fix. Thanks to this pressure but after years of turmoil, services like Spotify emerged, converting millions of former pirates in the process. Netflix, it appears, is attempting to do the same thing with video.

When people feel that they aren’t getting ripped off and that they have no further use for sub-standard piracy services in the face of stunning legal alternatives, things will change. But be under no illusion, people won’t be bullied there.

If we end up with an Internet stifled in favor of rightsholders, one in which service providers are too scared to innovate, the next generation of consumers will never forget. This will be a major problem for two key reasons. Not only will consumers become enemies but piracy will still exist. We will have come full circle, fueled only by division and hatred.

It’s a natural response to reject monopolistic behavior and it’s a natural response, for most, to be fair when treated with fairness. Destroying freedom is far from fair and will not create a better future – for anyone.

Laws have their place, no sane person will argue against that, but when the entertainment industries are making billions yet still want more, they’ll have to decide whether this will go on forever with building resentment, or if making a bit less profit now makes more sense longer term.

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

Internet Users Warned Over Fake 20th Century Fox Piracy ‘Fines’

Post Syndicated from Andy original https://torrentfreak.com/internet-users-warned-over-fake-20th-century-fox-piracy-fines-171220/

Most people who obtain and share large quantities of material online understand that comes with risk, possibly in the form of an ISP-forwarded warning, a letter demanding cash, or even a visit from the police.

While the latter only happens in the rarest of circumstances, warnings are relatively commonplace, especially in the United States where companies like Rightscorp pump them out in their thousands. Letters demanding cash payment, sent by so-called copyright trolls, are less prevalent but these days most people understand the concept of a piracy ‘fine’.

With this level of understanding in the mainstream there are opportunities for scammers, who have periodically tried to extract payments from Internet users who have done nothing wrong. This is currently the case in Germany, where a consumer group is warning of a wave of piracy ‘fines’ being sent out to completely innocent victims.

The emails, which claim to be sent on behalf of 20th Century Fox, allege the recipient has infringed copyright on streaming portal Kinox.to. For this apparent transgression, they demand a payment of more than 375 euros but the whole thing is an elaborate scam.

The 20th Century Fox ‘piracy’ scam

Unlike some fairly primitive previous efforts, however, these emails are actually quite clever.

Citing a genuine ruling from the European Court of Justice which found that streaming content is illegal inside the EU, the cash demand offers up personal information of the user, such as IP addresses, browser, and operating system.

However, instead of obtaining these via an external piracy monitoring system and subsequent court order (as happens with BitTorrent cases), the data is pulled from the user’s machine when a third-party link is clicked.

As highlighted by Tarnkappe, who first noticed the warning, there are other elements to the cash demands that point to an elaborate scam.

Perhaps the biggest tell of all is the complete absence of precise details of the alleged infringement, such as the title of the content supposedly obtained along with a time and date. These are common features of all genuine settlement demands so any that fail to mention content should be treated with caution.

“Do not pay. It is rip off. Report to the police,” the local consumer group warns.

Interestingly, warning recipients are advised by the scammers to pay their ‘fine’ directly to a bank account in the United Kingdom. Hopefully it will have been shut down by now but it’s worth mentioning that people should avoid direct bank transfers with anyone they don’t trust.

If any payment must be made, credit cards are a much safer option but in the case of wannabe trolls, they’re best ignored until they appear with proper proof backed up by credible legal documentation. Even then, people should consider putting up a fight, if they’re being unfairly treated.

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

BitTorrent Inc. Emerges Victorious Following EU Trademark Dispute

Post Syndicated from Andy original https://torrentfreak.com/bittorrent-inc-emerges-victorious-following-eu-trademark-dispute-171213/

For anyone familiar with the BitTorrent brand, there can only be one company that springs to mind. BitTorrent Inc., the outfit behind uTorrent that still employs BitTorrent creator Bram Cohen, seems the logical choice, but not everything is straightforward.

Back in June 2003, a company called BitTorrent Marketing GmbH filed an application to register an EU trademark for the term ‘BitTorrent’ with the European Union Intellectual Property Office (EUIPO). The company hoped to exploit the trademark for a wide range of uses from marketing, advertising, retail, mail order and Internet sales, to film, television and video licensing plus “providing of memory space on the internet”.

The trademark application was published in Jul 2004 and registered in June 2006. However, in June 2011 BitTorrent Inc. filed an application for its revocation on the grounds that the trademark had not been “put to genuine use in the European Union in connection with the services concerned within a continuous period of five years.”

A year later, the EUIPO notified BitTorrent Marketing GmbH that it had three months to submit evidence of the trademark’s use. After an application from the company, more time was given to present evidence and a deadline was set for November 21, 2011. Things did not go to plan, however.

On the very last day, BitTorrent Marketing GmbH responded to the request by fax, noting that a five-page letter had been sent along with 69 pages of additional evidence. But something went wrong, with the fax machine continually reporting errors. Several days later, the evidence arrived by mail, but that was technically too late.

In September 2013, BitTorrent Inc.’s application for the trademark to be revoked was upheld but in November 2013, BitTorrent Marketing GmbH (by now known as Hochmann Marketing GmbH) appealed against the decision to revoke.

Almost two years later in August 2015, an EUIPO appeal held that Hochmann “had submitted no relevant proof” before the specified deadline that the trademark had been in previous use. On this basis, the evidence could not be taken into account.

“[The appeal] therefore concluded that genuine use of the mark at issue had not been proven, and held that the mark must be revoked with effect from 24 June 2011,” EUIPO documentation reads.

However, Hochmann Marketing GmbH wasn’t about to give up, demanding that the decision be annulled and that EUIPO and BitTorrent Inc. should pay the costs. In response, EUIPO and BitTorrent Inc. demanded the opposite, that Hochmann’s action should be dismissed and they should pay the costs instead.

In its decision published yesterday, the EU General Court (Third Chamber) clearly sided with EUIPO and BitTorrent Inc.

“The [evidence] document clearly contains only statements that are not substantiated by any supporting evidence capable of adducing proof of the place, time, extent and nature of use of the mark at issue, especially because the evidence in question was submitted, in the present case, three days after the prescribed period expired,” the decision reads.

The decision also notes that the company was given an additional month to come up with evidence and then some – the evidence was actually due on a Saturday so the period was extended until Monday for the convenience of the company.

“Next, EUIPO had duly informed the applicant, by letter of 19 July 2011, that it was ‘required to submit the required evidence of use in reply to the request within three months of receipt of this communication’ and that ‘if no evidence of use [was] submitted within this period, the [EU] mark w[ould] be revoked’,” the decision reads, adding;

“That letter also included guidance on how to provide evidence in a timely manner. Consequently, the applicant knew not only what documents it must submit, but also what the consequences of late submission of evidence were.”

All things considered, the Court rejected Hochmann Marketing GmbH’s application, ultimately deciding that not enough evidence was produced and what did appear was too late. For that, the trademark remains revoked and Hochmann Marketing must cover EUIPO and BitTorrent Inc.’s legal costs.

This isn’t the first time that BitTorrent Inc. has taken on BitTorrent/Hochmann Marketing GmbH and won. In 2014, it took the company to court in the United States and walked away with a $2.2m damages award.

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