Tag Archives: bittorrent

Rightscorp Bleeds Another Million, Borrows $200K From Customer BMG

Post Syndicated from Andy original https://torrentfreak.com/rightscorp-bleeds-another-million-borrows-200k-from-customer-bmg-170819/

Anti-piracy outfit Rightscorp is one of the many companies trying to turn Internet piracy into profit. The company has a somewhat novel approach but has difficulty balancing the books.

Essentially, Rightscorp operates like other so-called copyright-trolling operations, in that it monitors alleged offenders on BitTorrent networks, tracks them to their ISPs, then attempts to extract a cash settlement. Rightscorp does this by sending DMCA notices with settlement agreements attached, in the hope that at-this-point-anonymous Internet users break cover in panic. This can lead to a $20 or $30 ‘fine’ or in some cases dozens of multiples of that.

But despite settling hundreds of thousands of these cases, profit has thus far proven elusive, with the company hemorrhaging millions in losses. The company has just filed its results for the first half of 2017 and they contain more bad news.

In the six months ended June 2017, revenues obtained from copyright settlements reached just $138,514, that’s 35% down on the $214,326 generated in the same period last year. However, the company did manage to book $148,332 in “consulting revenue” in the first half of this year, a business area that generated no revenue in 2016.

Overall then, total revenue for the six month period was $286,846 – up from $214,326 last year. While that’s a better picture in its own right, Rightscorp has a lot of costs attached to its business.

After paying out $69,257 to copyright holders and absorbing $1,190,696 in general and administrative costs, among other things, the company’s total operating expenses topped out at $1,296,127 for the first six months of the year.

To make a long story short, the company made a net loss of $1,068,422, which was more than the $995,265 loss it made last year and despite improved revenues. The company ended June with just $1,725 in cash.

“These factors raise substantial doubt about the Company’s ability to continue as a going concern within one year after the date that the financial statements are issued,” the company’s latest statement reads.

This hanging-by-a-thread narrative has followed Rightscorp for the past few years but there’s information in the latest accounts which indicates how bad things were at the start of the year.

In January 2016, Rightscorp and several copyright holders, including Hollywood studio Warner Bros, agreed to settle a class-action lawsuit over intimidating robo-calls that were made to alleged infringers. The defendants agreed to set aside $450,000 to cover the costs, and it appears that Rightscorp was liable for at least $200,000 of that.

Rightscorp hasn’t exactly been flush with cash, so it was interesting to read that its main consumer piracy settlement client, music publisher BMG, actually stepped in to pay off the class-action settlement.

“At December 31, 2016, the Company had accrued $200,000 related to the settlement of a class action complaint. On January 7, 2017, BMG Rights Management (US) LLC (“BMG”) advanced the Company $200,000, which was used to pay off the settlement. The advance from BMG is to be applied to future billings from the Company to BMG for consulting services,” Rightscorp’s filing reads.

With Rightscorp’s future BMG revenue now being gobbled up by what appears to be loan repayments, it becomes difficult to see how the anti-piracy outfit can make enough money to pay off the $200,000 debt. However, its filing notes that on July 21, 2017, the company issued “an aggregate of 10,000,000 shares of common stock to an investor for a purchase price of $200,000.” While that amount matches the BMG debt, the filing doesn’t reveal who the investor is.

The filing also reveals that on July 31, Rightscorp entered into two agreements to provide services “to a holder of multiple copyrights.” The copyright holder isn’t named, but the deal reveals that it’s in Rightscorp’s best interests to get immediate payment from people to whom it sends cash settlement demands.

“[Rightscorp] will receive 50% of all gross proceeds of any settlement revenue received by the Client from pre-lawsuit ‘advisory notices,’ and 37.5% of all gross proceeds received by the Client from ‘final warning’ notices sent immediately prior to a lawsuit,” the filing notes.

Also of interest is that Rightscorp has offered not to work with any of the copyright holders’ direct competitors, providing certain thresholds are met – $10,000 revenue in the first month to $100,000 after 12 months. But there’s more to the deal.

Rightscorp will also provide a number of services to this client including detecting and verifying copyright works on P2P networks, providing information about infringers, plus reporting, litigation support, and copyright protection advisory services.

For this, Rightscorp will earn $10,000 for the first three months, rising to $85,000 per month after 16 months, valuable revenue for a company fighting for its life.

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

Porn Producer Says He’ll Prove That AMC TV Exec is a BitTorrent Pirate

Post Syndicated from Andy original https://torrentfreak.com/porn-producer-says-hell-prove-that-amc-tv-exec-is-a-bittorrent-pirate-170818/

When people are found sharing copyrighted pornographic content online in the United States, there’s always a chance that an angry studio will attempt to track down the perpertrator in pursuit of a cash settlement.

That’s what adult studio Flava Works did recently, after finding its content being shared without permission on a number of gay-focused torrent sites. It’s now clear that their target was Marc Juris, President & General Manager of AMC-owned WE tv. Until this week, however, that information was secret.

As detailed in our report yesterday, Flava Works contacted Juris with an offer of around $97,000 to settle the case before trial. And, crucially, before Juris was publicly named in a lawsuit. If Juris decided not to pay, that amount would increase significantly, Flava Works CEO Phillip Bleicher told him at the time.

Not only did Juris not pay, he actually went on the offensive, filing a ‘John Doe’ complaint in a California district court which accused Flava Works of extortion and blackmail. It’s possible that Juris felt that this would cause Flava Works to back off but in fact, it had quite the opposite effect.

In a complaint filed this week in an Illinois district court, Flava Works named Juris and accused him of a broad range of copyright infringement offenses.

The complaint alleges that Juris was a signed-up member of Flava Works’ network of websites, from where he downloaded pornographic content as his subscription allowed. However, it’s claimed that Juris then uploaded this material elsewhere, in breach of copyright law.

“Defendant downloaded copyrighted videos of Flava Works as part of his paid memberships and, in violation of the terms and conditions of the paid sites, posted and distributed the aforesaid videos on other websites, including websites with peer to peer sharing and torrents technology,” the complaint reads.

“As a result of Defendant’ conduct, third parties were able to download the copyrighted videos, without permission of Flava Works.”

In addition to demanding injunctions against Juris, Flava Works asks the court for a judgment in its favor amounting to a cool $1.2m, more than twelve times the amount it was initially prepared to settle for. It’s a huge amount, but according to CEO Phillip Bleicher, it’s what his company is owed, despite Juris being a former customer.

“Juris was a member of various Flava Works websites at various times dating back to 2006. He is no longer a member and his login info has been blocked by us to prevent him from re-joining,” Bleicher informs TF.

“We allow full downloads, although each download a person performs, it tags the video with a hidden code that identifies who the user was that downloaded it and their IP info and date / time.”

We asked Bleicher how he can be sure that the content downloaded from Flava Works and re-uploaded elsewhere was actually uploaded by Juris. Fine details weren’t provided but he’s insistent that the company’s evidence holds up.

“We identified him directly, this was done by cross referencing all his IP logins with Flava Works, his email addresses he used and his usernames. We can confirm that he is/was a member of Gay-Torrents.org and Gayheaven.org. We also believe (we will find out in discovery) that he is a member of a Russian file sharing site called GayTorrent.Ru,” he says.

While the technicalities of who downloaded and shared what will be something for the court to decide, there’s still Juris’ allegations that Bleicher used extortion-like practices to get him to settle and used his relative fame against him. Bleicher says that’s not how things played out.

“[Juris] hired an attorney and they agreed to settle out of court. But then we saw him still accessing the file sharing sites (one site shows a user’s last login) and we were waiting on the settlement agreement to be drafted up by his attorney,” he explains.

“When he kept pushing the date of when we would see an agreement back we gave him a final deadline and said that after this date we would sue [him] and with all lawsuits – we make a press release.”

Bleicher says at this point Juris replaced his legal team and hired lawyer Mark Geragos, who Bleicher says tried to “bully” him, warning him of potential criminal offenses.

“Your threats in the last couple months to ‘expose’ Mr. Juris knowing he is a high profile individual, i.e., today you threatened to issue a press release, to induce him into wiring you close to $100,000 is outright extortion and subject to criminal prosecution,” Geragos wrote.

“I suggest you direct your attention to various statutes which specifically criminalize your conduct in the various jurisdictions where you have threatened suit.”

Interestingly, Geragos then went on to suggest that the lawsuit may ultimately backfire, since going public might affect Flava Works’ reputation in the gay market.

“With respect to Mr. Juris, your actions have been nothing but extortion and we reject your attempts and will vigorously pursue all available remedies against you,” Geragos’ email reads.

“We intend to use the platform you have provided to raise awareness in the LGBTQ community of this new form of digital extortion that you promote.”

But Bleicher, it seems, is up for a fight.

“Marc knows what he did and enjoyed downloading our videos and sharing them and those of videos of other studios, but now he has been caught,” he told the lawyer.

“This is the kind of case I would like to take all the way to trial, win or lose. It shows
people that want to steal our copyrighted videos that we aggressively protect our intellectual property.”

But to the tune of $1.2m? Apparently so.

“We could get up to $150,000 per infringement – we have solid proof of eight full videos – not to mention we have caught [Juris] downloading many other studios’ videos too – I think – but not sure – the number was over 75,” Bleicher told TF.

It’s quite rare for this kind of dispute to play out in public, especially considering Juris’ profile and occupation. Only time will tell if this will ultimately end in a settlement, but Bleicher and Juris seemed determined at this stage to stand by their ground and fight this out in court.

Complaint (pdf)

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

“Public Figure” Threatened With Exposure Over Gay Piracy ‘Fine’

Post Syndicated from Andy original https://torrentfreak.com/public-figure-threatened-with-exposure-over-gay-piracy-fine-170817/

Flava Works is an Illinois-based company specializing in adult material featuring black and Latino men. It operates an aggressive anti-piracy strategy which has resulted in some large damages claims in the past.

Now, however, the company has found itself targeted by a lawsuit filed by one of its alleged victims. Filed in a California district court by an unnamed individual, it accuses Flava Works of shocking behavior relating to a claim of alleged piracy.

According to the lawsuit, ‘John Doe’ received a letter in early June from Flava Works CEO Phillip Bleicher, accusing him of Internet piracy. Titled “Settlement Demand and Cease and Desist”, the letter got straight to the point.

“Flava Works is aware that you have been ‘pirating’ the content from its website(s) for your own personal financial benefit,” the letter read.

[Update: ‘John Doe’ has now been identified as Marc Juris, President & General Manager of AMC-owned WE tv. All references to John Doe below refer to Juris. See note at footer]

As is often the case with such claims, Flava Works offered to settle with John Doe for a cash fee. However, instead of the few hundred or thousand dollars usually seen in such cases, the initial settlement amount was an astronomical $97,000. But that wasn’t all.

According to John Doe, Bleicher warned that unless the money was paid in ten days, Flava Works “would initiate litigation against [John Doe], publically accusing him of being a consumer and pirate of copyrighted gay adult entertainment.”

Amping up the pressure, Bleicher then warned that after the ten-day deadline had passed, the settlement amount of $97,000 would be withdrawn and replaced with a new amount – $525,000.

The lawsuit alleges that Bleicher followed up with more emails in which he indicated that there was still time to settle the matter “one on one” since the case hadn’t been assigned to an attorney. However, he warned John Doe that time was running out and that public exposure via a lawsuit would be the next step.

While these kinds of tactics are nothing new in copyright infringement cases, the amounts of money involved are huge, indicating something special at play. Indeed, it transpires that John Doe is a public figure in the entertainment industry and the suggestion is that Flava Works’ assessment of his “wealth and profile” means he can pay these large sums.

According to the suit, on July 6, 2017, Bleicher sent another email to John Doe which “alluded to [his] high-profile status and to the potential publicity that a lawsuit would bring.” The email went as far as threatening an imminent Flava Works press release, announcing that a public figure, who would be named, was being sued for pirating gay adult content.

Flava Works alleges that John Doe uploaded its videos to various BitTorrent sites and forums, but John Doe vigorously denies the accusations, noting that the ‘evidence’ presented by Flava Works fails to back up its claims.

“The materials do not reveal or expose infringement of any sort. [Flava Works’] real purpose in sending this ‘proof’ was to demonstrate just how humiliating it would be to defend against Flava Works’ scurrilous charges,” John Doe’s lawsuit notes.

“[Flava Works’] materials consist largely of screen shots of extremely graphic images of pornography, which [Flava Works] implies that [John Doe] has viewed — but which are completely irrelevant given that they are not Flava Works content. Nevertheless, Bleicher assured [John Doe] that these materials would all be included in a publicly filed lawsuit if he refused to accede to [Flava Works’] payment demands.”

From his lawsuit (pdf) it’s clear that John Doe is in no mood to pay Flava Works large sums of cash and he’s aggressively on the attack, describing the company’s demands as “criminal extortion.”

He concludes with a request for a declaration that he has not infringed Flava Works’ copyrights, while demanding attorneys’ fees and further relief to be determined by the court.

The big question now is whether Flava Works will follow through with its threats to exposure the entertainer, or whether it will drift back into the shadows to fight another day. Definitely one to watch.

Update: Flava Works has now followed through on its threat to sue Juris. A complaint filed iat an Illinois court accuses the TV executive of uploading Flava Works titles to several gay-focused torrent sites in breach of copyright. It demands $1.2m in damages.

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

Top 10 Most Pirated Movies of The Week on BitTorrent – 08/14/17

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-pirated-movies-week-bittorrent-081417/

This week we have two newcomers in our chart.

Guardians of the Galaxy Vol. 2 is the most downloaded movie.

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

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (…) Guardians of the Galaxy Vol. 2 8.0 / trailer
2 (1) The Mummy 2017 5.8 / trailer
3 (6) King Arthur: Legend of the Sword 7.2 / trailer
4 (2) Spider-Man: Homecoming (HDTS) 8.0 / trailer
5 (4) The Boss Baby 6.5 / trailer
6 (5) Wonder Woman (Subbed HDrip) 8.2 / trailer
7 (3) Alien Covenant 6.7 / trailer
8 (7) The Wall 6.2 / trailer
9 (8) Ghost In the Shell 6.8 / trailer
10 (…) Despicable Me 3 (HDTS) 6.4 / trailer

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

Controlling Millions of Potential Internet Pirates Won’t Be Easy

Post Syndicated from Andy original https://torrentfreak.com/controlling-millions-of-potential-internet-pirates-wont-be-easy-170813/

For several decades the basic shape of the piracy market hasn’t changed much. At the top of the chain there has always been a relatively small number of suppliers. At the bottom, the sprawling masses keen to consume whatever content these suppliers make available, while sharing it with everyone else.

This model held in the days of tapes and CDs and transferred nicely to the P2P file-sharing era. For nearly two decades people have been waiting for those with the latest content to dump it onto file-sharing networks. After grabbing it for themselves, people share that content with others.

For many years, the majority of the latest music, movies, and TV shows appeared online having been obtained by, and then leaked from, ‘The Scene’. However, with the rise of BitTorrent and an increase in computer skills demonstrated by the public, so-called ‘P2P release groups’ began flexing their muscles, in some cases slicing the top of the piracy pyramid.

With lower barriers to entry, P2P releasers can be almost anyone who happens to stumble across some new content. That being said, people still need the skill to package up that content and make it visible online, on torrent sites for example, without getting caught.

For most people that’s prohibitively complex, so it’s no surprise that Average Joe, perhaps comforted by the air of legitimacy, has taken to uploading music and movies to sites like YouTube instead. These days that’s nothing out of the ordinary and perhaps a little boring by piracy standards, but people still have the capacity to surprise.

This week a man from the United States, without a care in the world, obtained a login for a STARZ press portal, accessed the final three episodes of ‘Power’, and then streamed them on Facebook using nothing but a phone and an Internet connection.

From the beginning, the whole thing was ridiculous, comical even. The man in question, whose name and personal details TF obtained in a matter of minutes, revealed how he got the logins and even recorded his own face during one of the uploaded videos.

He really, really couldn’t have cared any less but he definitely should have. After news broke of the leaks, STARZ went public confirming the breach and promising to do something about it.

“The final three episodes of Power’s fourth season were leaked online due to a breach of the press screening room,” Starz said in a statement. “Starz has begun forensic investigations and will take legal action against the responsible parties.”

At this point, we should consider the magnitude of what this guy did. While we all laugh at his useless camera skills, the fact remains that he unlawfully distributed copyright works online, in advance of their commercial release. In the United States, that is a criminal offense, one that can result in a prison sentence of several years.

It would be really sad if the guy in question was made an example of since his videos suggest he hadn’t considered the consequences. After all, this wasn’t some hi-tech piracy group, just a regular guy with a login and a phone, and intent always counts for something. Nevertheless, the situation this week nicely highlights how new technology affects piracy.

In the past, the process of putting an unreleased movie or TV show online could only be tackled by people with expertise in several areas. These days a similar effect is possible with almost no skill and no effort. Joe Public, pre-release TV/movie/sports pirate, using nothing but a phone, a Facebook account, and an urge?

That’s the reality today and we won’t have to wait too long for a large scale demonstration of what can happen when millions of people with access to these ubiquitous tools have an urge to share.

In a little over two weeks’ time, boxing legend Floyd Mayweather Jr fights UFC lightweight champion, Conor McGregor. It’s set to be the richest combat sports event in history, not to mention one of the most expensive for PPV buyers. That means it’s going to be pirated to hell and back, in every way possible. It’s going to be massive.

Of course, there will be high-quality paid IPTV productions available, more grainy ‘Kodi’ streams, hundreds of web portals, and even some streaming torrents, for those that way inclined. But there will also be Average Joes in their hundreds, who will point their phones at Showtime’s PPV with the intent of live streaming the biggest show on earth to their friends, family, and the Internet. For free.

Quite how this will be combatted remains to be seen but it’s fair to say that this is a problem that’s only going to get bigger. In ten years time – in five years time – many millions of people will have the ability to become pirate releasers on a whim, despite knowing nothing about the occupation.

Like ‘Power’ guy, the majority won’t be very good at it. Equally, some will turn it into an art form. But whatever happens, tackling millions of potential pirates definitely won’t be easy for copyright holders. Twenty years in, it seems the battle for control has only just begun.

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

Top 10 Most Pirated Movies of The Week on BitTorrent – 08/08/17

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-most-pirated-movies-of-the-week-on-bittorrent-080817/

This week we have two newcomers in our chart.

The Mummy, which came out as a Web-DL last week, is the most downloaded movie.

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

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (2) The Mummy 2017 5.8 / trailer
2 (1) Spider-Man: Homecoming (HDTS) 8.0 / trailer
3 (10) Alien Covenant 6.7 / trailer
4 (6) The Boss Baby 6.5 / trailer
5 (8) Wonder Woman (Subbed HDrip) 8.2 / trailer
6 (3) King Arthur: Legend of the Sword 7.2 / trailer
7 (9) The Wall 6.2 / trailer
8 (5) Ghost In the Shell 6.8 / trailer
9 (…) How To Be a Latin Lover 5.7 / trailer
10 (4) Going In Style 6.8 / trailer

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

RIAA’s Piracy Claims are Misleading and Inaccurate, ISP Says

Post Syndicated from Ernesto original https://torrentfreak.com/riaas-piracy-claims-are-misleading-and-inaccurate-isp-says-170807/

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

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

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

The ISP is not happy with the claims and was quick to submit a motion to dismiss the lawsuit. One of the arguments is that the RIAA’s evidence is insufficient.

In its original motion, Grande doesn’t deny receiving millions of takedown notices from piracy tracking company Rightscorp. However, it believes that these notices are flawed as Rightscorp is incapable of monitoring actual copyright infringements.

The RIAA disagreed and pointed out that their evidence is sufficient. They stressed that Rightcorp is able to monitor actual downloads, as opposed to simply checking if a subscriber is offering certain infringing content.

In a response from Grande, late last week, the ISP argues that this isn’t good enough to build a case. While Rightcorp may be able to track the actual infringing downloads to which the RIAA labels hold the copyrights, there is no such evidence provided in the present case, the ISP notes.

“Importantly, Plaintiffs do not allege that Rightscorp has ever recorded an instance of a Grande subscriber actually distributing even one of Plaintiffs’ copyrighted works. Plaintiffs certainly have not alleged any concrete facts regarding such an act,” Grande’s legal team writes (pdf).

According to the ISP, the RIAA’s evidence merely shows that Rightscorp sent notices of alleged infringements on behalf of other copyright holders, who are not involved in the lawsuit.

“Instead, Plaintiffs generally allege that Rightscorp has sent notices regarding ‘various copyrighted works,’ encompassing all of the notices sent by Rightscorp on behalf of entities other than Plaintiffs.”

While the RIAA argues that this circumstantial evidence is sufficient, the ISP believes that there are grounds to have the entire case dismissed.

The record labels can’t hold Grande liable for secondary copyright infringement, without providing concrete evidence that their works were actively distributed by Grande subscribers, the company claims.

“Plaintiffs cannot allege direct infringement without alleging concrete facts which show that a Grande subscriber actually infringed one of Plaintiffs’ copyrights,” Grande’s lawyers note.

“For this reason, it is incredibly misleading for Plaintiffs to repeatedly refer to Grande having received ‘millions’ of notices of alleged infringement, as if those notices all pertained to Plaintiffs’ asserted copyrights.”

The “misleading” copyright infringement evidence argument is only one part of the ISPs defense. The company also notes that it has no control over what its subscribers do, nor do they control the BitTorrent clients that were allegedly used to download content.

If the court ruled otherwise, Grande and other ISPs would essentially be forced to become an “unpaid enforcement agent of the recording industry,” the company’s lawyers note.

The RIAA, however, sees things quite differently.

The music industry group believes that Grande failed to take proper action in response to repeat infringers and should pay damages to compensate the labels. This claim is very similar to the one BMG brought against Cox, where the latter was eventually ordered to pay $25 million.

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

Lawyer Says He Was Deceived Into BitTorrent Copyright Trolling Scheme

Post Syndicated from Andy original https://torrentfreak.com/lawyer-says-he-was-deceived-into-bittorrent-copyright-trolling-scheme-170807/

For more than a decade, companies around the world have been trying to turn piracy into profit. For many this has meant the development of “copyright trolling” schemes, in which alleged pirates are monitored online and then pressured into cash settlements.

The shadowy nature of this global business means that its true scale will never be known but due to the controversial activities of some of the larger players, it’s occasionally possible to take a peek inside their operations. One such opportunity has just raised its head.

According to a lawsuit filed in California, James Davis is an attorney licensed in Oregon and California. Until two years ago, he was largely focused on immigration law. However, during March 2015, Davis says he was approached by an old classmate with an opportunity to get involved in a new line of business.

That classmate was Oregon lawyer Carl Crowell, who over the past several years has been deeply involved in copyright-trolling cases, including a deluge of Dallas Buyers Club and London Has Fallen litigation. He envisioned a place for Davis in the business.

Davis seemed to find the proposals attractive and became seriously involved in the operation, filing 58 cases on behalf of the companies involved. In common with similar cases, the lawsuits were brought in the name of the entities behind each copyrighted work, such as Dallas Buyers Club, LLC and LHF Productions, Inc.

In time, however, things started to go wrong. Davis claims that he discovered that Crowell, in connection with and on behalf of the other named defendants, “misrepresented the true nature of the Copyright Litigation Campaign, including the ownership of the works at issue and the role of the various third-parties involved in the litigation.”

Davis says that Crowell and the other defendants (which include the infamous Germany-based troll outfit Guardaley) made false representations to secure his participation, while holding back other information that might have made him think twice about becoming involved.

“Crowell and other Defendants withheld numerous material facts that were known to Crowell and the knowledge of which would have cast doubt on the value and ethical propriety of the Copyright Litigation Campaign for Mr. Davis,” the lawsuit reads.

Davis goes on to allege serious misconduct, including that representations regarding ownership of various entities were false and used to deceive him into participating in the scheme.

As time went on, Davis said he had increasing doubts about the operation. Then, in August 2016 as a result of a case underway in California, he began asking questions which resulted in him uncovering additional facts. These undermined both the representations of the people he was working for and his own belief in the “value and ethical propriety of the Copyright Litigation Campaign,” the lawsuit claims.

Davis said this spurred him on to “aggressively seek further information” from Crowell and other people involved in the scheme, including details of its structure and underlying support. He says all he received were “limited responses, excuses, and delays.”

The case was later dismissed by mutual agreement of the parties involved but of course, Davis’ concerns about the underlying case didn’t come to the forefront until the filing of his suit against Crowell and the others.

Davis says that following a meeting in Santa Monica with several of the main players behind the litigation campaign, he decided its legal and factual basis were unsound. He later told Crowell and Guardaley that he was withdrawing from their project.

As the result of the misrepresentations made to him, Davis is now suing the defendants on a number of counts, detailed below.

“Defendants’ business practices are unfair, unlawful, and fraudulent. Davis has suffered monetary damage as a direct result of the unfair, unlawful, and fraudulent business practices set forth herein,” the lawsuit reads.

Requesting a trial by jury, Davis is seeking actual damages, statutory damages, punitive or treble damages “in the amount of no less than $300,000.”

While a payment of that not insignificant amount would clearly satisfy Davis, the prospect of a trial in which the Guardaley operation is laid bare would be preferable when the interests of its thousands of previous targets are considered.

Only time will tell how things will pan out but like the vast majority of troll cases, this one too seems destined to be settled in private, to ensure the settlement machine keeps going.

Note: The case was originally filed in June, only to be voluntarily dismissed. It has now been refiled in state court.

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

ESET Tries to Scare People Away From Using Torrents

Post Syndicated from Andy original https://torrentfreak.com/eset-tries-to-scare-people-away-from-using-torrents-170805/

Any company in the security game can be expected to play up threats among its customer base in order to get sales.

Sellers of CCTV equipment, for example, would have us believe that criminals don’t want to be photographed and will often go elsewhere in the face of that. Car alarm companies warn us that since X thousand cars are stolen every minute, an expensive Immobilizer is an anti-theft must.

Of course, they’re absolutely right to point these things out. People want to know about these offline risks since they affect our quality of life. The same can be said of those that occur in the online world too.

We ARE all at risk of horrible malware that will trash our computers and steal our banking information so we should all be running adequate protection. That being said, how many times do our anti-virus programs actually trap a piece of nasty-ware in a year? Once? Twice? Ten times? Almost never?

The truth is we all need to be informed but it should be done in a measured way. That’s why an article just published by security firm ESET on the subject of torrents strikes a couple of bad chords, particularly with people who like torrents. It’s titled “Why you should view torrents as a threat” and predictably proceeds to outline why.

“Despite their popularity among users, torrents are very risky ‘business’,” it begins.

“Apart from the obvious legal trouble you could face for violating the copyright of musicians, filmmakers or software developers, there are security issues linked to downloading them that could put you or your computer in the crosshairs of the black hats.”

Aside from the use of the phrase “very risky” (‘some risk’ is a better description), there’s probably very little to complain about in this opening shot. However, things soon go downhill.

“Merely downloading the newest version of BitTorrent clients – software necessary for any user who wants to download or seed files from this ‘ecosystem’ – could infect your machine and irreversibly damage your files,” ESET writes.

Following that scary statement, some readers will have already vowed never to use a torrent again and moved on without reading any more, but the details are really important.

To support its claim, ESET points to two incidents in 2016 (which to its great credit the company actually discovered) which involved the Transmission torrent client. Both involved deliberate third-party infection and in the latter hackers attacked Transmission’s servers and embedded malware in its OSX client before distribution to the public.

No doubt these were both miserable incidents (to which the Transmission team quickly responded) but to characterize this as a torrent client problem seems somewhat unfair.

People intent on spreading viruses and malware do not discriminate and will happily infect ANY piece of computer software they can. Sadly, many non-technical people reading the ESET post won’t read beyond the claim that installing torrent clients can “infect your machine and irreversibly damage your files.”

That’s a huge disservice to the hundreds of millions of torrent client installations that have taken place over a decade and a half and were absolutely trouble free. On a similar basis, we could argue that installing Windows is the main initial problem for people getting viruses from the Internet. It’s true but it’s also not the full picture.

Finally, the piece goes on to detail other incidents over the years where torrents have been found to contain malware. The several cases highlighted by ESET are both real and pretty unpleasant for victims but the important thing to note here is torrent users are no different to any other online user, no matter how they use the Internet.

People who download files from the Internet, from ALL untrusted sources, are putting themselves at risk of getting a virus or other malware. Whether that content is obtained from a website or a P2P network, the risks are ever-present and only a foolish person would do so without decent security software (such as ESET’s) protecting them.

The take home point here is to be aware of security risks and put them into perspective. It’s hard to put a percentage on these things but of the hundreds of millions of torrent and torrent client downloads that have taken place since their inception 15 years ago, the overwhelming majority have been absolutely fine.

Security situations do arise and we need to be aware of them, but presenting things in a way that spreads unnecessary concern in a particular sector isn’t necessary to sell products.

The AV-TEST Institute registers around 390,000 new malicious programs every day that don’t involve torrents, plenty for any anti-virus firm to deal with.

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

Former Vuze Developers Launch BiglyBT, a ‘New’ Open Source Torrent Client

Post Syndicated from Ernesto original https://torrentfreak.com/former-vuze-developers-launch-biglybt-a-new-open-source-torrent-client-170803/

Back in the summer of 2003 a group of developers debuted a new torrent client, which they called Azureus.

BitTorrent itself was still a relatively new technology at the time and users were eager to find new tools to transfer their files. The feature-rich Azureus client, which later rebranded to Vuze, delivered just that.

In recent years, however, things have gone relatively quiet, up to a point where Vuze development appears to have stalled completely. Perhaps not surprising, as two of the core developers, parg and TuxPaper, have left the project and moved on to something new.

“We are no longer involved in Vuze or Azureus Software, Inc. We can not speak to what their intentions are with the development of their product,” they inform us.

The developers, who were also part of the original Azureus team, are not saying farewell to their code though. While they are no longer working on Vuze, the pair have started a new Azureus branch, one they will actively maintain.

“We have invested such a large amount of our lives in the endeavor that we feel the need to keep the open source project active, for both our and our users’ enjoyment!” parg and TuxPaper tell us.

BiglyBT, as they have named their new client, will continue where Vuze development stalled. In addition to optimizing the code and releasing new features, BiglyBT is determined to keep the open source project alive, without any commercial interests.

“Our main goals for BiglyBT is to keep it ad-free and open source, and to continue to develop it into an even better torrent client. We also hope that a community will form again around the product.”

BiglyBT main window (large)

People who try the new client will notice that it’s indeed very similar to Vuze, but without the ads and some other ‘cluttering’ features, such as DVD-burning.

While BiglyBT looks and operates in a similar manner to Vuze, in the future the developers will work on a new set of features, a new style, and various other changes that will set it apart from its older brother.

“Our first release is mostly a name change, but we have removed some of the things that we know users don’t particularly want or use, such as the content network, games promotions, DVD burning, the huge ad in the corner of the app, and the offers in the installer.”

While Vuze appears to have downsized its development efforts, BiglyBT promises to go full steam ahead. The new client will also stay true to the Open Source nature. Previously, some people complained that Vuze included proprietary code, resulting in more restrictive license terms. BiglyBT is purely GPL, and will remain so.

The client is currently available on all major desktop platforms, including Windows, MacOS and Linux. An open source Android app, forked from Vuze remote, will follow in a few weeks.

BiglyBT should appeal to a wide range of users, especially the more seasoned torrent user who wants a client they can configure to their liking.

“Our target users are people who love to delve into the world of torrenting. People who like to tinker and watch torrents do their thing. Hoarders who like to seed, automate, categorize and contribute back to the torrenting community,” the developers note.

People who are interested in giving BiglyBT a spin can download the latest version from the official site. The application is free and won’t install any other applications or adware. Instead, it’s solely supported by donations from the public.

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

Dutch Film Distributor to Target BitTorrent Users For Cash ‘Fines’

Post Syndicated from Andy original https://torrentfreak.com/dutch-film-distributor-to-target-bittorrent-users-for-cash-fines-170802/

For many carefree years, Dutch Internet users were allowed to download copyrighted content, provided it was for their own personal use. In 2014, however, the European Court of Justice ruled that the country’s “piracy levy” to compensate rightsholders was unlawful. An immediate downloading ban followed.

That action took place more than three years ago but as recently reported by Dutch anti-piracy BREIN, the country still has an appetite for unauthorized content consumption. Some of that takes place with the assistance of torrent sites but for the most part, file-sharers have had little to worry about.

That could all be about to change with the news that local film distributor Dutch Filmworks (DFW) has announced its intention to monitor torrent site users and collect data on their online activities. The news comes via the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), which needs to be formally advised in order for the data collection to go ahead.

DFW’s plans are outlined in a detailed application (Dutch, pdf) dated July 2017. It explains that DFW wishes to combat “the unlawful dissemination of copyright protected works” in order to protect their own interests, and this involves collecting data on Dutch individuals without their knowledge or permission.

“DFW intends to collect data from people who exchange files over the Internet through BitTorrent networks. The data processing consists of capturing proof of exchange of files via IP addresses for the purpose of researching involvement of these users in the distribution or reproduction of copyrighted works,” it reads.

DFW will employ an external German-based tracking company to monitor alleged pirates which will “automatically participate in swarms in which works from DFW are being shared.” Data collected from non-Dutch users will be stripped and discarded but information about local pirates will be retained and processed for further action.

However, in order for DFW to connect an IP address with an individual, the company will have to approach Internet service providers to obtain subscriber information including names and addresses. DFW says that if ISPs won’t cooperate voluntarily, it will be forced to take its case to court. Given past experience, that will probably have to happen.

In March 2016, anti-piracy outfit BREIN obtained permission from the Dutch Data Protection Authority to collect similar data on alleged BitTorrent users, aiming to change attitudes among pirates with fines and legal action.

Several ISPs, most prominently Ziggo, announced that they would not voluntarily cooperate with BREIN and that personal information would only be handed over if BREIN took them to court. It’s logical to presume that Dutch Filmworks will receive the same treatment.

Should the company be successful, however, it has had detailed a stepped plan. First, the alleged pirate will receive a warning and DFW will aim to reach “an amicable settlement” for the breach. If one cannot be reached, further legal action could be taken, up to and including prosecution and claims for damages.

The whole scheme certainly sounds like a classic “copyright trolling” operation in the making but only time will tell which end of the spectrum this project will fall. When asked by NU.nl whether DFW would actually be seeking cash from alleged pirates, it declined to comment.

“This is the first step in this process. We’re going to see what we’re going to do after 25 August,” a spokesperson said.

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

BitTorrent Users Form The World’s Largest Criminal Enterprise, Lawyer Says

Post Syndicated from Andy original https://torrentfreak.com/bittorrent-users-form-the-worlds-largest-criminal-enterprise-lawyer-says-170731/

As the sharing of copyrighted material on the Internet continues, so do the waves of lawsuits which claim compensation for alleged damage caused.

Run by so-called ‘copyright trolls’, these legal efforts are often painted as the only way for rightsholders to send a tough message to deter infringement. In reality, however, these schemes are often the basis for a separate revenue stream, one in which file-sharers are forced to pay large cash sums to make supposed jury trials disappear.

Courts around the United States are becoming familiar with these ‘settlement factories’ and sometimes choose to make life more difficult for the trolls. With this potential for friction, the language deployed in lawsuits is often amped up to paint copyright holders as fighting for their very existence. Meanwhile, alleged infringers are described as hardened criminals intent on wreaking havoc on the entertainment industries.

While this polarization is nothing new, a court filing spotted by the troll-fighters over at Fight Copyright Trolls sees the demonization of file-sharers amped up to eleven – and then some.

The case, which is being heard in a district court in Nevada, features LHF Productions, the outfit behind action movie London Has Fallen. It targets five people who allegedly shared the work using BitTorrent and failed to respond to the company’s requests to settle.

“[N]one of the Defendants referenced herein have made any effort to answer or otherwise respond to the Plaintiff’s allegations. In light of the Defendants’ apparent failure to take any action with respect to the present lawsuit, the Plaintiff is left with no choice but to seek a default judgment,” the motion reads.

In the absence of any defense, LHF Productions asks the court to grant default judgments of $15,000 per defendant, which amounts to $75,000 overall, a decent sum for what amounts to five downloads. LHF Productions notes that it could’ve demanded $150,000 from each individual but feels that a more modest sum would be sufficient to “deter future infringement.”

However, when reading the description of the defendants provided by LHF, one could be forgiven for thinking that they’re actually heinous criminals hell-bent on worldwide destruction.

“The Defendants are participants in a global piracy ring composed of one hundred fifty million members – a ring that threatens to tear down fundamental structures of intellectual property,” the lawsuit reads.

While there are indeed 150 million users of BitTorrent, this characterization that they’re all involved in a single “piracy ring” is both misleading and inaccurate.

BitTorrent swarms are separate entities, so the correct way of describing the defendants would be limited to their action for the movie London Has Fallen. Instead, they’re painted as being involved in a global conspiracy with more members than the populations of the United Kingdom, Canada, and Spain combined.

It seems that the introduction of more drama into these infringement lawsuits is becoming necessary as more courts become wise to the activities of trolls, not least organizations being branded criminal themselves, such as the now defunct Prenda Law.

Perhaps with this in mind, LHF Productions tries to convince the court that far from being small-time file-sharers, people downloading their movie online are actually part of something extremely big, a crime wave so huge that nothing like it has ever been witnessed.

“While the actions of each individual participant may seem innocuous, their collective action amounts to one of the largest criminal enterprises ever seen on earth,” LHF says of the defendants.

“[I]f this pervasive culture of piracy is allowed to continue undeterred, it threatens to undo centuries of intellectual property law and unravel a core pillar of our economy. After all, the right to intellectual property was something so fundamental, so essential, to our nation’s founding, that our founding father’s found it necessary to include in the first article of the Constitution.”

If the apocalyptic scenario painted by LHF in its lawsuit (pdf) is to be believed, recouping a mere $15,000 from each defendant begins to sound like a bargain. Certainly, the movie outfit will be hoping the judge sees it that way too.

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

Top 10 Most Pirated Movies of The Week on BitTorrent – 07/31/17

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-pirated-movies-week-bittorrent-073117/

This week we have two newcomers in our chart.

Spider-Man: Homecoming is the most downloaded movie.

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

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (5) Spider-Man: Homecoming (HDTS) 8.0 / trailer
2 (1) The Mummy 2017 (Subbed HDRip) 5.8 / trailer
3 (…) King Arthur: Legend of the Sword 7.2 / trailer
4 (3) Going In Style 6.8 / trailer
5 (2) Ghost In the Shell 6.8 / trailer
6 (4) The Boss Baby 6.5 / trailer
7 (9) S.W.A.T.: Under Siege ?.? / trailer
8 (7) Wonder Woman (Subbed HDrip) 8.2 / trailer
9 (…) Shot Caller 7.5 / trailer
10 (9) Alien Covenant (Subbed HDrip) 6.7 / trailer

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

Time-lapse Visualizes Game of Thrones Piracy Around The Globe

Post Syndicated from Ernesto original https://torrentfreak.com/time-lapse-visualizes-game-of-thrones-piracy-around-the-globe-17-730/

Game of Thrones has been the most pirated TV-show online for years, and this isn’t expected to change anytime soon.

While most of today’s piracy takes place through streaming services, BitTorrent traffic remains significant as well. The show’s episodes are generally downloaded millions of times each, by people from all over the world.

In recent years there have been several attempts to quantify this piracy bonanza. While MILLIONS of downloads make for a good headline, there are some other trends worth looking at as well.

TorrentFreak spoke to Abigail De Kosnik, an Associate Professor at the University of California, Berkeley. Together with computer scientist and artist Benjamin De Kosnik, she runs the BitTorrent-oriented research project “alpha60.”

The goal of alpha60 is to quantify and map BitTorrent activity around various media titles, to make this “shadow economy” visible to media scholars and the general public. Over the past two weeks, they’ve taken a close look at Game of Thrones downloads.

Their tracking software collected swarm data from 72 torrents that were released shortly after the first episode premiered. Before being anonymized, the collected IP-addresses were first translated to geographical locations, to reveal various traffic patterns.

The results, summarized in a white paper, reveal that during the first five days, alpha60 registered an estimated 1.77 million downloads. Of particular interest is the five-day time-lapse of the worldwide swarm activity.

Five-day Game of Thrones piracy timelapse

The time-lapse shows that download patterns vary depending on the time of the day. There is a lot of activity in Asia, but cities such as Athens, Toronto, and Sao Paulo also pop up regularly.

When looking at the absolute numbers, Seoul comes out on top as the Game of Thrones download capital of the world, followed by Athens, São Paulo, Guangzhou, Mumbai, and Bangalore.

Perhaps more interesting is the view of the number of downloads relative to the population, or the “over-pirating” cities, as alpha60 calls them. Here, Dallas comes out on top, before Brisbane, Chicago, Riyadh, Saudi Arabia, Seattle, and Perth.

Of course, VPNs may skew the results somewhat, but overall the data should give a pretty accurate impression of the download traffic around the globe.

Below are the complete top tens of most active cities, both in absolute numbers and relative to the population. Further insights and additional information is available in the full whitepaper, which can be accessed here.

Note: The download totals reported by alpha60 are significantly lower than the MUSO figures that came out last week. Alpha60 stresses, however, that their methods and data are accurate. MUSO, for its part, has made some dubious claims in the past.

Most downloads (absolute)

1 Seoul, Rep. of Korea
2 Athens, Greece
3 São Paulo, Brazil
4 Guangzhou, China
5 Mumbai, India
6 Bangalore, India
7 Shanghai, China
8 Riyadh, Saudi Arabia
9 Delhi, India
10 Beijing, China

Most downloads (relative)

1 Dallas, USA
2 Brisbane, Australia
3 Chicago, USA
4 Riyadh, Saudi Arabia
5 Seattle, USA
6 Perth, Australia
7 Phoenix, USA
8 Toronto, Canada
9 Athens, Greece
10 Guangzhou, China

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

Apple Bans VPNs From App Store in China

Post Syndicated from Ernesto original https://torrentfreak.com/apple-bans-vpns-from-app-store-in-china-170729/

Apple is known to have a rigorous app-review policy.

Over the past several years, dozens of apps have been rejected from the App Store because they mention the word BitTorrent, for example.

The mere association with piracy is good enough to warrant a ban. This policy is now expanding to the privacy-sphere as well, at least in China.

It is no secret that the Chinese Government is preventing users from accessing certain sites and services. The so-called ‘Great Firewall’ works reasonably well, but can be circumvented through VPN services and other encryption tools.

These tools are a thorn in the side of Chinese authorities, which are now receiving help from Apple to limit their availability.

Over the past few hours, Apple has removed many of the most-used VPN applications from the Chinese app store. In a short email, VPN providers are informed that VPN applications are considered illegal in China.

“We are writing to notify you that your application will be removed from the China App Store because it includes content that is illegal in China, which is not in compliance with the App Store Review Guidelines,” Apple informed the affected VPNs.

Apple’s email to VPN providers

VPN providers and users are complaining bitterly about the rigorous action. However, it doesn’t come as a complete surprise. Over the past few months there have been various signals that the Chinese Government would crack down on non-authorized VPN providers.

In January, a notice published by China’s Ministry of Industry and Information Technology said that the government had launched a 14-month campaign to crack down on local ‘unauthorized’ Internet platforms.

This essentially means that all VPN services have to be pre-approved by the Government if they want to operate there.

Earlier this month Bloomberg broke the news that China’s Government had ordered telecommunications carriers to block individuals’ access to VPNs. The Chinese Government denied that this was the case, but it’s clear that these services remain a high-profile target.

Thanks to Apple, China’s Government no longer has to worry about iOS users having easy access to the most popular VPN applications. Those users who search the local app store for “VPN” still see plenty of results, but, ironically, many of these applications are fake.

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

Surge of Threatening Piracy Letters Concerns Finnish Authorities

Post Syndicated from Ernesto original https://torrentfreak.com/massive-surge-in-threatening-piracy-letters-concerns-finnish-authorities-170726/

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

In a country with a population of just over five million, copyright holders have cast their net wide. According to local reports, Internet providers handed over details of one hundred thousand customers last year alone.

This practice has not been without controversy. As the settlement letters were sent out, recipients – including some pensioners – started to complain. Many of the accused denied downloading any pirated material but felt threatened by the letters.

Thus far, complaints have been filed with the Market Court, the Finnish Communications Regulatory Authority, the Consumer Authority, and the Ministry of Education and Culture.

In May, the Ministry of Education set up a working group to create a set of ‘best practices’ for copyright enforcement. The working group includes, among others, Internet providers, and outfits that are involved in sending the influx of settlement letters.

Anna Vuopala, a Government’s counselor at the Ministry of Education and Culture, told Kauppaleht that rightsholders should act within the boundaries of the law.

“We strive to create good practices [for copyright enforcement] and eliminate practices that are contrary to law,” says Vuopala, who’s leading the working group.

If the parties involved can’t reach an agreement on how to proceed, the Government considers changing existing copyright law to defuse the situation. What these changes could be is unclear at this point.

Earlier this year the Finnish market court already dealt a blow to local copyright trolls. In a unanimous ruling, seven judges ruled that the privacy of alleged BitTorrent pirates outweighs the evidence provided by the rightsholders.

While it was clear that copyright infringement was taking place, the rightsholders failed to show that it was significant enough to hand over the requested personal details.

Although this decision supports the rights of those who are falsely accused, the Government believes that a set of good practices is still needed to prevent future excesses and controversy.

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

Top 10 Most Pirated Movies of The Week on BitTorrent – 07/24/17

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-pirated-movies-week-bittorrent-072417/

This week we have two newcomers in our chart.

The Mummy is the most downloaded movie for the second week in a row.

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

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (1) The Mummy 2017 (Subbed HDRip) 5.8 / trailer
2 (2) Ghost In the Shell 6.8 / trailer
3 (…) Going In Style 6.8 / trailer
4 (3) The Boss Baby 6.5 / trailer
5 (…) Spider-Man: Homecoming (HDTS) 8.0 / trailer
6 (5) Despicable Me 3 (HDTS) 6.7 / trailer
7 (6) Wonder Woman (Subbed HDrip) 8.2 / trailer
8 (…) S.W.A.T.: Under Siege ?.? / trailer
9 (4) Alien Covenant (Subbed HDrip) 6.7 / trailer
10 (7) Kong: Skull Island 6.9 / trailer

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

Defending anti-netneutrality arguments

Post Syndicated from Robert Graham original http://blog.erratasec.com/2017/07/defending-anti-netneutrality-arguments.html

Last week, activists proclaimed a “NetNeutrality Day”, trying to convince the FCC to regulate NetNeutrality. As a libertarian, I tweeted many reasons why NetNeutrality is stupid. NetNeutrality is exactly the sort of government regulation Libertarians hate most. Somebody tweeted the following challenge, which I thought I’d address here.

The links point to two separate cases.

  • the Comcast BitTorrent throttling case
  • a lawsuit against Time Warning for poor service
The tone of the tweet suggests that my anti-NetNeutrality stance cannot be defended in light of these cases. But of course this is wrong. The short answers are:

  • the Comcast BitTorrent throttling benefits customers
  • poor service has nothing to do with NetNeutrality

The long answers are below.

The Comcast BitTorrent Throttling

The presumption is that any sort of packet-filtering is automatically evil, and against the customer’s interests. That’s not true.
Take GoGoInflight’s internet service for airplanes. They block access to video sites like NetFlix. That’s because they often have as little as 1-mbps for the entire plane, which is enough to support many people checking email and browsing Facebook, but a single person trying to watch video will overload the internet connection for everyone. Therefore, their Internet service won’t work unless they filter video sites.
GoGoInflight breaks a lot of other NetNeutrality rules, such as providing free access to Amazon.com or promotion deals where users of a particular phone get free Internet access that everyone else pays for. And all this is allowed by FCC, allowing GoGoInflight to break NetNeutrality rules because it’s clearly in the customer interest.
Comcast’s throttling of BitTorrent is likewise clearly in the customer interest. Until the FCC stopped them, BitTorrent users were allowed unlimited downloads. Afterwards, Comcast imposed a 300-gigabyte/month bandwidth cap.
Internet access is a series of tradeoffs. BitTorrent causes congestion during prime time (6pm to 10pm). Comcast has to solve it somehow — not solving it wasn’t an option. Their options were:
  • Charge all customers more, so that the 99% not using BitTorrent subsidizes the 1% who do.
  • Impose a bandwidth cap, preventing heavy BitTorrent usage.
  • Throttle BitTorrent packets during prime-time hours when the network is congested.
Option 3 is clearly the best. BitTorrent downloads take hours, days, and sometimes weeks. BitTorrent users don’t mind throttling during prime-time congested hours. That’s preferable to the other option, bandwidth caps.
I’m a BitTorrent user, and a heavy downloader (I scan the Internet on a regular basis from cloud machines, then download the results to home, which can often be 100-gigabytes in size for a single scan). I want prime-time BitTorrent throttling rather than bandwidth caps. The EFF/FCC’s action that prevented BitTorrent throttling forced me to move to Comcast Business Class which doesn’t have bandwidth caps, charging me $100 more a month. It’s why I don’t contribute the EFF — if they had not agitated for this, taking such choices away from customers, I’d have $1200 more per year to donate to worthy causes.
Ask any user of BitTorrent which they prefer: 300gig monthly bandwidth cap or BitTorrent throttling during prime-time congested hours (6pm to 10pm). The FCC’s action did not help Comcast’s customers, it hurt them. Packet-filtering would’ve been a good thing, not a bad thing.

The Time-Warner Case
First of all, no matter how you define the case, it has nothing to do with NetNeutrality. NetNeutrality is about filtering packets, giving some priority over others. This case is about providing slow service for everyone.
Secondly, it’s not true. Time Warner provided the same access speeds as everyone else. Just because they promise 10mbps download speeds doesn’t mean you get 10mbps to NetFlix. That’s not how the Internet works — that’s not how any of this works.
To prove this, look at NetFlix’s connection speed graphis. It shows Time Warner Cable is average for the industry. It had the same congestion problems most ISPs had in 2014, and it has the same inability to provide more than 3mbps during prime-time (6pm-10pm) that all ISPs have today.

The YouTube video quality diagnostic pages show Time Warner Cable to similar to other providers around the country. It also shows the prime-time bump between 6pm and 10pm.
Congestion is an essential part of the Internet design. When an ISP like Time Warner promises you 10mbps bandwidth, that’s only “best effort”. There’s no way they can promise 10mbps stream to everybody on the Internet, especially not to a site like NetFlix that gets overloaded during prime-time.
Indeed, it’s the defining feature of the Internet compared to the old “telecommunications” network. The old phone system guaranteed you a steady 64-kbps stream between any time points in the phone network, but it cost a lot of money. Today’s Internet provide a free multi-megabit stream for free video calls (Skype, Facetime) around the world — but with the occasional dropped packets because of congestion.
Whatever lawsuit money-hungry lawyers come up with isn’t about how an ISP like Time Warner works. It’s only about how they describe the technology. They work no different than every ISP — no different than how anything is possible.
Conclusion

The short answer to the above questions is this: Comcast’s BitTorrent throttling benefits customers, and the Time Warner issue has nothing to do with NetNeutrality at all.

The tweet demonstrates that NetNeutrality really means. It has nothing to do with the facts of any case, especially the frequency that people point to ISP ills that have nothing actually to do with NetNeutrality. Instead, what NetNeutrality really about is socialism. People are convinced corporations are evil and want the government to run the Internet. The Comcast/BitTorrent case is a prime example of why this is a bad idea: government definitions of what customers want is actually far different than what customers actually want.

FossHub Forced to Pull Google Ads From qBitTorrent Downloads

Post Syndicated from Andy original https://torrentfreak.com/fosshub-forced-to-pull-google-ads-from-qbittorrent-downloads-170721/

There are no shortage of sites on the Internet that promise free software downloads but few do so with no strings attached. Thousands bundle adware and worse with ‘free’ software, while others bombard visitors with ads.

FossHub, on the other hand, does things very differently.

FossHub only offers free software, with no adware, spyware or malware attached. It doesn’t bombard users with advertising either. In fact, its download pages only have a single ad at the top. Well, that’s the plan at least but when it comes to BitTorrent software, things haven’t been so straightforward recently.

The problem centered around qBitTorrent, the free and open-source torrent client developed as an alternative to µTorrent. FossHub makes the client available in its file-sharing section and as the image below shows, has racked up close to 18 million downloads.

Previously, when people viewed the qBitTorrent page, they were presented with a single advert, courtesy of Google. However, a couple of months ago the guys at FossHub contacted the people behind the client to say they’d had problems with AdSense persistently flagging the qBitTorrent page as “unauthorized file sharing.”

“The consequence was that it stopped generating revenue for that page for FossHub,” a member of the qBitTorrent team explains.

TorrentFreak spoke with Sam at FossHub who provided more details.

“FossHub has hosted qBittorrent and other free projects binaries for almost a decade. For qBitorrent, we hosted its files for at least three years by now. We provide all the necessary bandwidth and other things that the project might need,” Sam said.

“It was not a problem for the last three years to show the single Google Adsense ad until the beginning of last month (June 2017) when we noticed a Policy violation message appearing under our account.

“Since we didn’t have any major issues with our account, we thought it must be a false positive. We tried to get in touch with Google AdSense team, but unfortunately, we received some (at least that what we think) standard canned responses.”

Sam says that FossHub wrote to Google AdSense support several times but never got to the bottom of the problem. Then, something catastrophic happened.

During June, presumably due to the problems with the qBitTorrent page, the entire FossHub site was banned by AdSense for seven days, thereby stopping the site from generating any revenue on any of the software offered.

“We wrote on a daily basis and attempted to request another review, but there was no human so that we can talk and try to obtain an answer,” Sam explained.

In the absence of any feedback, FossHub then took the decision to stop placing ads on any of the software available in its file-sharing section, despite none of the tools being illegal or infringing anyone’s copyrights. In a follow-up post on Reddit this week, FossHub underlined that fact.

“qBitorrent and other similar apps are legit software. You are responsible for what you choose to download and share,” a representative from the site wrote.

“Many free projects and sites publish their files via .torrent files. Just an excellent example of how qBitorrent and other similar clients can help you download files and allow GIMP project to save bandwidth: https://www.gimp.org/downloads/.”

The qBitTorrent team say they have made this matter public out of “frustration and protest”, not only due to the legality of file-sharing software but also in support of FossHub, who have helped qBitTorrent many times over the years.

“I keep wondering why the multitude of other unofficial sites, which are very popular and place ads on their qBittorrent pages too, aren’t being flagged too?” a member of the team responded.

“In any case, I am writing this to inform our user base about Google’s shenanigans. And if any of you works at AdSense, then please help FossHub talk to a real person or treat all sites fair by allowing or not allowing BitTorrent clients.”

Whether Google will take the opportunity to clarify the situation remains to be seen but it’s abundantly clear that the qBitTorrent software is not only entirely legal, it’s also one of the most respected torrent clients around.

“Despite this unpleasant incident we will support and help free projects such as qBitorrent as much as we can,” FossHub concludes.

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

Game of Thrones Pirates Being Monitored By HBO, Warnings On The Way

Post Syndicated from Ernesto original https://torrentfreak.com/game-thrones-pirates-monitored-hbo-warnings-way-170719/

Earlier this week, HBO released the long-awaited seventh season of the hit series Game of Thrones.

The show has broken several piracy records over the years and, thus far, there has been plenty of interest in the latest season.

This hasn’t gone unnoticed by HBO. Soon after the first episode of the new season appeared online Sunday evening, the company’s anti-piracy partner IP Echelon started sending warnings targeted at torrenting pirates.

The warnings in question include the IP-addresses of alleged BitTorrent users and ask the associated ISPs to alert their subscribers, in order to prevent further infringements.

“We have information leading us to believe that the IP address xx.xxx.xxx.xx was used to download or share Game of Thrones without authorization,” the notification begins.

“HBO owns the copyright or exclusive rights to Game of Thrones, and the unauthorized download or distribution constitutes copyright infringement. Downloading unauthorized or unknown content is also a security risk for computers, devices, and networks.”

Under US copyright law, ISPs are not obligated to forward these emails, which are sent as a DMCA notification. However, many do as a courtesy to the affected rightsholders.

Redacted infringement details from one of the notices

The warnings are not targeted at a single swarm but cover a wide variety of torrents. TorrentFreak has already seen takedown notices for the following files, but it’s likely that many more are being tracked.

  • Game.of.Thrones.S07E01.720p.WEB.h264-TBS[eztv].mkv
  • Game.of.Thrones.S07E01.HDTV.x264-SVA[rarbg]
  • Game.of.Thrones.S07E01.WEB.h264-TBS[ettv]
  • Game.of.Thrones.S07E01.HDTV.x264-SVA[eztv].mkv
  • Game.of.Thrones.S07E01.720p.HDTV.x264-AVS[eztv].mkv

This isn’t the first time that Game of Thrones pirates have received these kinds of warnings. Similar notices were sent out last year for pirated episodes of the sixth season, and it’s now clear that HBO is not backing down.

Although HBO stresses that copyright infringement is against the law, there are no legal strings attached for the subscribers in question. The company doesn’t know the identity of the alleged pirates, and would need to go to court to find out. This has never happened before.

Filing lawsuits against Game of Thrones fans is probably not high on HBO’s list, but the company hopes that affected subscribers will think twice before downloading future episodes after they are warned.

The DMCA notice asks ISPs to inform subscribers about the various legal alternatives that are available, to give them a push in the right direction.

“We also encourage you to inform the subscriber that HBO programming can easily be watched and streamed on many devices legally by adding HBO to the subscriber’s television package,” the notice reads.

While this type of message may have an effect on some, they only cover a small fraction of the piracy landscape. Millions of people are using pirate streaming tools and websites to watch Game of Thrones, and these views can’t be monitored.

In addition, the fact that many broadcasters worldwide suffered technical issues and outages when Game of Thrones premiered doesn’t help either. The legal options should be superior to the pirated offerings, not the other way around.

A redacted copy of one of the notices is available below.

Dear xxx Communications,

This message is sent on behalf of HOME BOX OFFICE, INC.

We have information leading us to believe that the IP address xx.xxx.xxx.xxx was used to download or share Game of Thrones without authorization (additional details are listed below). HBO owns the copyright or exclusive rights to Game of Thrones, and the unauthorized download or distribution constitutes copyright infringement. Downloading unauthorized or unknown content is also a security risk for computers, devices, and networks.

As the owner of the IP address, HBO requests that xxx Communications immediately contact the subscriber who was assigned the IP address at the date and time below with the details of this notice, and take the proper steps to prevent further downloading or sharing of unauthorized content and additional infringement notices.

We also encourage you to inform the subscriber that HBO programming can easily be watched and streamed on many devices legally by adding HBO to the subscriber’s television package.

We have a good faith belief that use of the copyrighted material detailed below is not authorized by the copyright owner, its agent, or the law. The information in this notice is accurate and we state, under penalty of perjury, that we are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This letter is not a complete statement of HBO’s rights in connection with this matter, and nothing contained herein constitutes an express or implied wavier of any rights or remedies of HBO in connection with this matter, all of which are expressly reserved.

We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested. Any further enquiries can be directed to [email protected] Please include this message with your enquiry to ensure a quick response.

Respectfully,

Adrian Leatherland
CEO
IP-Echelon

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