Tag Archives: commercial

Canadian Pirate Site Blocking Plan Triggers Thousands of Responses

Post Syndicated from Ernesto original https://torrentfreak.com/canadian-pirate-site-blocking-plan-triggers-thousands-of-responses-180317/

In January, a coalition of Canadian companies called on the country’s telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is supported by Fairplay Canada, a coalition of both copyright holders and major players in the telco industry, such as Bell and Rogers, which also have media companies of their own.

Before making a decision on the proposal, the CTRC has launched a public consultation asking Canadians for their opinion on the matter. In recent weeks this has resulted in thousands of submissions, with the majority coming from ordinary citizens.

The responses themselves range from an unequivocal “another push by Bell to control all forms of communication,” to very elaborate and rather well-documented arguments.

From the responses we’ve seen it’s clear that many individuals are worried that their Internet access will be censored. The term “slippery slope” is regularly mentioned, as well as the corporate interests that back the plan.

“I strongly oppose any attempt for internet censorship, especially any attempt brought forth by a commercial entity. The internet is and should remain a free flowing source of information that is not controlled by any individuals or groups political or corporate interests,” Shanon Durst writes in her comment.

“If there is concern for illegal activities taking place on the internet then those activities can be addressed in a court of law and the appropriate actions taken there,” she adds.

The same type of arguments also come back in the Electronic Frontier Foundation’s (EFF) submission.

“It is unsurprising that the entertainment industry would rather construct its own private body to bypass the court system in making decisions about website blocking,” the EFF writes.

“But if it is allowed to do this, will the newspaper industry be next to propose and fund a private body to make determinations about defamation? Will the adult entertainment industry propose establishing its own private court to determine the boundaries of the law of obscenity?”

While they appear to be in the minority, there are several commenters who back the proposal. Where most individual responses oppose the plans, it appears that many submissions from organizations are in favor.

A lot of these responses come from outfits that are concerned that piracy is negatively impacting their livelihoods, including Canada Basketball, The Association of Canadian Publishers, and Pier 21 Films.

“Canada’s current tools to combat piracy are not working. The FairPlay proposal is a proportionate response that reflects the modern realities of piracy,” Laszlo Barna, president of Pier 21 Films writes.

“As participants in the legal sports and entertainment market in Canada, this proposal will reduce the theft of content and support the ability to invest in, produce, and distribute the great content that our fans crave,” Canada Basketball concurs.

Drawing conclusions based on this limited sample of comments is hard, aside from the finding that it will be impossible to please everyone. Thankfully, research conducted by Reza Rajabiun and Fenwick McKelvey, with support from the Social Sciences and Humanities Research Council of Canada, provides additional insight.

The visualization below gives an overview of the most statistically significant concepts emphasized by respondents in their submissions, as well as the relationship among these concepts.

A visualization of significant comment concepts (image credit)

The quantitative content analysis is based on 4,000 submissions. While it requires some interpretation from the reader, many of the themes appear to be closely aligned with the opposition, the researchers write.

“According to their CRTC submissions, Canadians believe that the proposal is a ‘bad’ ‘idea’ because it enables ‘corporations’ and the ‘government’ to restrict ‘freedom’ of ‘speech’ and ‘flow’ of ‘information’ among ‘citizens.’ The fear of setting a bad ‘precedent’ is closely associated with the potential for ‘censorship’ in the future.”

Many of the same words can also be in a different context, of course, but the researchers see the themes as evidence that many members of the public are concerned about the negative consequences.

“Overall, it is easy to see that Canadians tend to view the proposed blocking regime not just in terms of its benefits for fighting ‘piracy’; they also perceive that setting up a national blocking regime may be a threat to their economic interests as ‘consumers’ of ‘legitimate’ ‘media’ and of their political ‘rights’ as ‘citizens’,” they write.

At the time of writing nearly 8,000 responses have been submitted. There is no easy way to determine what percentage is for or against the proposal. When the deadline passes on March 29, CRTC will review them manually.

When that’s done, it is up to the telecoms regulator to factor the different opinions into its final decision, which won’t be an easy feat.

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

Dolby Labs Sues Adobe For Copyright Infringement

Post Syndicated from Andy original https://torrentfreak.com/dolby-labs-sues-adobe-for-copyright-infringement-180314/

Adobe has some of the most recognized software products on the market today, including Photoshop which has become a household name.

While the company has been subjected to more than its fair share of piracy over the years, a new lawsuit accuses the software giant itself of infringement.

Dolby Laboratories is best known as a company specializing in noise reduction and audio encoding and compression technologies. Its reversed double ‘D’ logo is widely recognized after appearing on millions of home hi-fi systems and film end credits.

In a complaint filed this week at a federal court in California, Dolby Labs alleges that after supplying its products to Adobe for 15 years, the latter has failed to live up to its licensing obligations and is guilty of copyright infringement and breach of contract.

“Between 2002 and 2017, Adobe designed and sold its audio-video content creation and editing software with Dolby’s industry-leading audio processing technologies,” Dolby’s complaint reads.

“The basic terms of Adobe’s licenses for products containing Dolby technologies are clear; when Adobe granted its customer a license to any Adobe product that contained Dolby technology, Adobe was contractually obligated to report the sale to Dolby and pay the agreed-upon royalty.”

Dolby says that Adobe promised it wouldn’t sell its any of its products (such as Audition, After Effects, Encore, Lightroom, and Premiere Pro) outside the scope of its licenses with Dolby. Those licenses included clauses which grant Dolby the right to inspect Adobe’s records through a third-party audit, in order to verify the accuracy of Adobe’s sales reporting and associated payment of royalties.

Over the past several years, however, things didn’t go to plan. The lawsuit claims that when Dolby tried to audit Adobe’s books, Adobe refused to “engage in even basic auditing and information sharing practices,” a rather ironic situation given the demands that Adobe places on its own licensees.

Dolby’s assessment is that Adobe spent years withholding this information in an effort to hide the full scale of its non-compliance.

“The limited information that Dolby has reviewed to-date demonstrates that Adobe included Dolby technologies in numerous Adobe software products and collections of products, but refused to report each sale or pay the agreed-upon royalties owed to Dolby,” the lawsuit claims.

Due to the lack of information in Dolby’s possession, the company says it cannot determine the full scope of Adobe’s infringement. However, Dolby accuses Adobe of multiple breaches including bundling licensed products together but only reporting one sale, selling multiple products to one customer but only paying a single license, failing to pay licenses on product upgrades, and even selling products containing Dolby technology without paying a license at all.

Dolby entered into licensing agreements with Adobe in 2003, 2012 and 2013, with each agreement detailing payment of royalties by Adobe to Dolby for each product licensed to Adobe’s customers containing Dolby technology. In the early days when the relationship between the companies first began, Adobe sold either a physical product in “shrink-wrap” form or downloads from its website, a position which made reporting very easy.

In late 2011, however, Adobe began its transition to offering its Creative Cloud (SaaS model) under which customers purchase a subscription to access Adobe software, some of which contains Dolby technology. Depending on how much the customer pays, users can select up to thirty Adobe products. At this point, things appear to have become much more complex.

On January 15, 2015, Dolby tried to inspect Adobe’s books for the period 2012-2014 via a third-party auditing firm. But, according to Dolby, over the next three years “Adobe employed various tactics to frustrate Dolby’s right to audit Adobe’s inclusion of Dolby Technologies in Adobe’s products.”

Dolby points out that under Adobe’s own licensing conditions, businesses must allow Adobe’s auditors to allow the company to inspect their records on seven days’ notice to confirm they are not in breach of Adobe licensing terms. Any discovered shortfalls in licensing must then be paid for, at a rate higher than the original license. This, Dolby says, shows that Adobe is clearly aware of why and how auditing takes place.

“After more than three years of attempting to audit Adobe’s Sales of products containing Dolby Technologies, Dolby still has not received the information required to complete an audit for the full time period,” Dolby explains.

But during this period, Adobe didn’t stand still. According to Dolby, Adobe tried to obtain new licensing from Dolby at a lower price. Dolby stood its ground and insisted on an audit first but despite an official demand, Adobe didn’t provide the complete set of books and records requested.

Eventually, Dolby concluded that Adobe had “no intention to fully comply with its audit obligations” so called in its lawyers to deal with the matter.

“Adobe’s direct and induced infringements of Dolby Licensing’s copyrights in the Asserted Dolby Works are and have been knowing, deliberate, and willful. By its unauthorized copying, use, and distribution of the Asserted Dolby Works and the Adobe Infringing Products, Adobe has violated Dolby Licensing’s exclusive rights..,” the lawsuit reads.

Noting that Adobe has profited and gained a commercial advantage as a result of its alleged infringement, Dolby demands injunctive relief restraining the company from any further breaches in violation of US copyright law.

“Dolby now brings this action to protect its intellectual property, maintain fairness across its licensing partnerships, and to fund the next generations of technology that empower the creative community which Dolby serves,” the company concludes.

Dolby’s full complaint 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

Playboy Wants to Know Who Downloaded Their Playmate Images From Imgur

Post Syndicated from Ernesto original https://torrentfreak.com/playboy-wants-know-downloaded-pirated-playmates-imgur-180313/

Late last year Playboy filed a copyright lawsuit against the popular blog Boing Boing.

The site had previously published an article linking to an archive of Playboy centerfold images, which the adult magazine saw as problematic.

Boing Boing’s parent company Happy Mutants was accused of various counts of copyright infringement, with Playboy claiming that it exploited their playmates’ images for commercial purposes.

The California district court was not convinced, however. In an order last month, Judge Fernando Olguin noted that it is not sufficient to argue that Boing Boing merely ‘provided the means’ to carry out copyright-infringing activity. There also has to be a personal action that ‘assists’ the infringing activity.

“For example, the court is skeptical that plaintiff has sufficiently alleged facts to support either its inducement or material contribution theories of copyright infringement,” Judge Olguin wrote.

Playboy was given the option to file a new complaint before the end of February, or else the case would be dismissed. The magazine publisher decided to let the matter go, for now, and didn’t file a new complaint.

That doesn’t mean that they’ll completely pass on the issue though. Instead of only going after Boing Boing, Playboy is now digging up information on the people who posted the infringing content on Imgur and YouTube.

Last week the California Court asked why PlayBoy hadn’t responded after the latest order. The company replied that it thought no response was needed and that the case would be dismissed automatically, but it included another interesting note.

“Plaintiff has elected to pursue third party subpoenas under, inter alia, the Digital Millennium Copyright Act Section 512(h) in order to obtain further facts before determining how to proceed on its claims against Happy Mutants,” Playboy writes.

Looking through the court dockets, we observed that Playboy requested DMCA subpoenas against both Imgur and YouTube. In both cases, the company demands information that can identify the uploaders, including email addresses, phone numbers, and other documents or information.

With Imgur, it goes even further. Here, Playboy also requests information on people “who downloaded any photos” from the Imgur gallery in question. That could be quite a long list as anyone would have to download the images in order to see them. This could include millions of people.

Playboy subpoena against Imgur

A broad request like this goes further than we’ve ever seen. However, soon after the requests came in, the clerk granted both subpoenas.

At this point, it’s unclear whether Playboy also intends to go after the uploaders directly. It informed the California District Court that these “further facts” will help to determine whether it will pursue its claims against Boing Boing, which means that it must file a new complaint.

It’s worth mentioning, however, that the subpoenas were obtained early last month before the case was dismissed.

Alternatively, Playboy can pursue the Imgur and YouTube uploaders directly, which is more likely to succeed than the infringement claims against Boing Boing. That’s only an option if Imgur and YouTube have sufficient information to identify the infringers in question, of course.

The allegedly infringing centerfold video is no longer listed on YouTube. The Imgur gallery, which was viewed more than two million times, is no longer available either.


Playboy’s latest filing mentioning the DMCA subpoenas can be found here (pdf). We also obtained copies of the Youtube (pdf + attachment) and Imgur (pdf + attachment) subpoenas themselves.

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

U.S. Border Seizures of DMCA Circumvention Devices Surges

Post Syndicated from Ernesto original https://torrentfreak.com/u-s-border-seizures-of-dmca-circumvention-devices-surges-180309/

In the United States, citizens are generally prohibited from tampering with DRM and other technological protection measures.

This means that Blu-ray rippers are not allowed, nor are mod chips for gaming consoles, and some pirate streaming boxes could fall into this category as well.

Despite possible sanctions, there are plenty of manufacturers who ship these devices to the US, often to individual consumers. To arrive at their destination, however, they first have to pass the border control.

Not all make it to their final destination. A new report released by Homeland Security shows that the number of “intellectual property” related seizures increased by 8%, from 31,560 in 2016 to 34,143 a year later.

The vast majority of these seized items are traditional counterfeit goods. This includes fake brand clothing, shoes, replica watches, toys, as well as consumer electronics.

What caught our eye, however, is a sharp increase in “circumvention devices” that were found to violate the DMCA. Last year, the number of these seized items U.S. Customs and Border Protection increased by 324%.

“CBP seized 297 shipments of circumvention devices for violations of the Digital Millennium Copyright Act (DMCA), a 324 percent increase from 70 such seizures in FY 2016,” the report reads.

While the relative increase is quite dramatic, the absolute numbers are perhaps not as impressive, with less than one seized device per day. The report gives no explanation for the surge, nor is there an estimate of how many devices slip through.

What we did notice is that the International Intellectual Property Alliance (IIPA) recently framed streaming boxes as possible circumvention tools. The strong enforcement focus of rightsholders on these devices may have been communicated to border patrols as well.

When we previously reached out to Customs and Border Protection (CBP) to find out more about what type of circumvention devices are seized under the DMCA, a spokesperson provided us with the following definition.

“[P]roducts, devices, components, or parts thereof that are primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner, and have only limited commercially significant purposes or uses other than to circumvent such protection measures.”

TorrentFreak reached out to CBP again this week to ask if streaming boxes are seen as circumvention devices, but at the time of writing, we have yet to receive a response.

In a press release commenting on the news, CBP Acting Commissioner Kevin McAleenan said that his organization is happy with last year’s results.

“The theft of intellectual property and trade in counterfeit and pirated goods causes harm to an innovation-based economy by threatening the competitiveness of businesses and the livelihoods of workers,” McAleenan said.

“Another record-breaking year of IPR seizures highlights the vigilance of CBP and ICE personnel in preventing counterfeit goods from entering our stream of commerce and their dedication to protecting the American people,” he added.

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

Rightsholders & Belgian ISPs Cooperate to Block 450 ‘Pirate’ Domains

Post Syndicated from Andy original https://torrentfreak.com/rightsholders-belgian-isps-cooperate-to-block-450-pirate-domains-180303/

While site-blocking on copyright infringement grounds is now widespread, in most countries it requires intervention from the courts.

The process nearly always involves rightsholders grouping together with claims that customers of ISPs are infringing their rights by using ‘pirate’ sites to obtain movies, TV shows and music. As such, it isn’t pirate sites that are targeted by rightsholder legal action, but the ISPs themselves.

Of course, none of the ISPs targeted are breaking the law by providing access to the sites. However, the demands for a blocking injunction frame the ISPs as the wrong-doers, even if there is an underlying understanding that the pirate sites themselves are the issue. For this reason, ISPs around the world have regularly found themselves in an adversarial process.

In the Netherlands, for example, ISPs took their fight to the highest court in Europe to avoid blocking but will almost certainly fail after spending large sums of money. In others, such as the UK where the blocking process has matured, ISPs rarely object to anything, smoothing the process for both them and the rightsholders.

With the knowledge that site-blocking injunctions are likely to be granted by national courts in Europe, rightsholders and ISPs in Belgium now appear to be taking a collaborative approach. Sites have been blocked in the country before but future blocking efforts will be much easier to implement if a case before the Commercial Court of Brussels runs to plan.

It involves the Belgian Entertainment Association (BEA) on one side and ISPs Proximus, Telenet and VOO on the other. Rather than squabbling over the details, it appears that the parties will jointly present a list of 33 websites and 450 domain names to a judge, alongside claims that they facilitate the illegal downloading of copyrighted material.

According to a report from L’Echo (paywall), the companies hope to avoid complex and costly legal proceedings by working together and accepting the inevitability of a blocking injunction.

The case has been running for a year already but during a hearing before the Commercial Court of Brussels this week, Benoît Michaux, lawyer for the Belgian Entertainment Association, explained the new approach.

“The European legislator has put in place a mechanism that allows a national judge to request injunctions to order the providers to block access to the websites in question”, Michaux said.

After being presented to the Court, the list of sites and domains will be assessed to determine whether they’re acting illegally. Michaux said that the parties have settled on a common approach and have been able to identify “reasonable measures” that can be ordered by the Court that are consistent with case law of the European Court of Justice.

“This joint request is a little unusual, things are changing, there is a certain maturation of minds, we realize, from all sides, that we must tackle the problem of piracy by blocking measures. There is a common vision on what to do and how to handle piracy,” he said.

While the ISPs are clearly on a path of cooperation, L’Echo reports that concerns over possible breaches of the E-Commerce Directive mean that the ISPs don’t want to take action against the sites themselves without being ordered to do so by the Court.

“The responsible actors want to demonstrate that it is possible to stop piracy through procedural law,” says Benoît Van Asbroeck, lawyer for Proximus and Telenet.

The Court is expected to hand down its judgment within a month. Given the cooperation on all sides, it’s likely to be in favor of mass site-blocking.

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

Russia VPN Blocking Law Failing? No Provider Told To Block Any Site

Post Syndicated from Andy original https://torrentfreak.com/russia-vpn-blocking-law-failing-no-provider-told-to-block-any-site-180224/

Continuing Russia’s continued pressure on the restriction of banned websites for copyright infringement and other offenses, President Vladimir Putin signed a brand new bill into law July 2017.

The legislation aimed to prevent citizens from circumventing ISP blockades with the use of services such as VPNs, proxies, Tor, and other anonymizing services. The theory was that if VPNs were found to be facilitating access to banned sites, they too would find themselves on Russia’s national Internet blacklist.

The list is maintained by local telecoms watchdog Rozcomnadzor and currently contains many tens of thousands of restricted domains. In respect of VPNs, the Federal Security Service (FSB) and the Ministry of Internal Affairs is tasked with monitoring ‘unblocking’ offenses, which they are then expected to refer to the telecoms watchdog for action.

The legislation caused significant uproar both locally and overseas and was widely predicted to signal a whole new level of censorship in Russia. However, things haven’t played out that way since, far from it. Since being introduced November 1, 2017, not a single VPN has been cautioned over its activities, much less advised to block or cease and desist.

The revelation comes via Russian news outlet RBC, which received an official confirmation from Rozcomnadzor itself that no VPN or anonymization service had been asked to take action to prevent access to blocked sites. Given the attention to detail when passing the law, the reasons seem extraordinary.

While Rozcomnadzor is empowered to put VPN providers on the blacklist, it must first be instructed to do so by the FSB, after that organization has carried out an investigation. Once the FSB gives the go-ahead, Rozcomnadzor can then order the provider to connect itself to the federal state information system, known locally as FGIS.

FGIS is the system that contains the details of nationally blocked sites and if a VPN provider does not interface with it within 30 days of being ordered to do so, it too will be added to the blocklist by Rozcomnadzor. Trouble is, Rozcomnadzor hasn’t received any requests to contact VPNs from higher up the chain, so they can’t do anything.

“As of today, there have been no requests from the members of the RDD [operational and investigative activities] and state security regarding anonymizers and VPN services,” a Roskomnadzor spokesperson said.

However, the problems don’t end there. RBC quotes Karen Ghazaryan, an analyst at the Russian Electronic Communications Association (RAEC), who says that even if it had received instructions, Rozcomnadzor wouldn’t be able to block the VPN services in question for both technical and legal reasons.

“Roskomnadzor does not have leverage over most VPN services, and they can not block them for failing to comply with the law, because Roskomnadzor does not have ready technical solutions for this, and the law does not yet have relevant by-laws,” the expert said.

“Copying the Chinese model of fighting VPNs in Russia will not be possible because of its high cost and the radically different topology of the Russian segment of the Internet,” Ghazaryan adds.

This apparent inability to act is surprising, not least since millions of Russian Internet users are now using VPNs, anonymizers, and similar services on a regular basis. Ghazaryan puts the figure as high as 25% of all Russian Internet users.

However, there is also a third element to Russia’s VPN dilemma – how to differentiate between VPNs used by the public and those used in a commercial environment. China is trying to solve this problem by forcing VPN providers to register and align themselves with the state. Russia hasn’t tried that, yet.

“The [blocking] law says that it does not apply to corporate VPN networks, but there is no way to distinguish them from services used for personal needs,” concludes Sarkis Darbinian from the anti-censorship project, Roskomvoboda.

This week, Russia’s Ministry of Culture unveiled yet more new proposals for dealing with copyright infringement via a bill that would allow websites to be blocked without a court order. It’s envisioned that if pirate material is found on a site and its operator either fails to respond to a complaint or leaves the content online for more than 24 hours, ISPs will be told to block the entire site.

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

The Challenges of Opening a Data Center — Part 1

Post Syndicated from Roderick Bauer original https://www.backblaze.com/blog/choosing-data-center/

Backblaze storage pod in new data center

This is part one of a series. The second part will be posted later this week. Use the Join button above to receive notification of future posts in this series.

Though most of us have never set foot inside of a data center, as citizens of a data-driven world we nonetheless depend on the services that data centers provide almost as much as we depend on a reliable water supply, the electrical grid, and the highway system. Every time we send a tweet, post to Facebook, check our bank balance or credit score, watch a YouTube video, or back up a computer to the cloud we are interacting with a data center.

In this series, The Challenges of Opening a Data Center, we’ll talk in general terms about the factors that an organization needs to consider when opening a data center and the challenges that must be met in the process. Many of the factors to consider will be similar for opening a private data center or seeking space in a public data center, but we’ll assume for the sake of this discussion that our needs are more modest than requiring a data center dedicated solely to our own use (i.e. we’re not Google, Facebook, or China Telecom).

Data center technology and management are changing rapidly, with new approaches to design and operation appearing every year. This means we won’t be able to cover everything happening in the world of data centers in our series, however, we hope our brief overview proves useful.

What is a Data Center?

A data center is the structure that houses a large group of networked computer servers typically used by businesses, governments, and organizations for the remote storage, processing, or distribution of large amounts of data.

While many organizations will have computing services in the same location as their offices that support their day-to-day operations, a data center is a structure dedicated to 24/7 large-scale data processing and handling.

Depending on how you define the term, there are anywhere from a half million data centers in the world to many millions. While it’s possible to say that an organization’s on-site servers and data storage can be called a data center, in this discussion we are using the term data center to refer to facilities that are expressly dedicated to housing computer systems and associated components, such as telecommunications and storage systems. The facility might be a private center, which is owned or leased by one tenant only, or a shared data center that offers what are called “colocation services,” and rents space, services, and equipment to multiple tenants in the center.

A large, modern data center operates around the clock, placing a priority on providing secure and uninterrrupted service, and generally includes redundant or backup power systems or supplies, redundant data communication connections, environmental controls, fire suppression systems, and numerous security devices. Such a center is an industrial-scale operation often using as much electricity as a small town.

Types of Data Centers

There are a number of ways to classify data centers according to how they will be used, whether they are owned or used by one or multiple organizations, whether and how they fit into a topology of other data centers; which technologies and management approaches they use for computing, storage, cooling, power, and operations; and increasingly visible these days: how green they are.

Data centers can be loosely classified into three types according to who owns them and who uses them.

Exclusive Data Centers are facilities wholly built, maintained, operated and managed by the business for the optimal operation of its IT equipment. Some of these centers are well-known companies such as Facebook, Google, or Microsoft, while others are less public-facing big telecoms, insurance companies, or other service providers.

Managed Hosting Providers are data centers managed by a third party on behalf of a business. The business does not own data center or space within it. Rather, the business rents IT equipment and infrastructure it needs instead of investing in the outright purchase of what it needs.

Colocation Data Centers are usually large facilities built to accommodate multiple businesses within the center. The business rents its own space within the data center and subsequently fills the space with its IT equipment, or possibly uses equipment provided by the data center operator.

Backblaze, for example, doesn’t own its own data centers but colocates in data centers owned by others. As Backblaze’s storage needs grow, Backblaze increases the space it uses within a given data center and/or expands to other data centers in the same or different geographic areas.

Availability is Key

When designing or selecting a data center, an organization needs to decide what level of availability is required for its services. The type of business or service it provides likely will dictate this. Any organization that provides real-time and/or critical data services will need the highest level of availability and redundancy, as well as the ability to rapidly failover (transfer operation to another center) when and if required. Some organizations require multiple data centers not just to handle the computer or storage capacity they use, but to provide alternate locations for operation if something should happen temporarily or permanently to one or more of their centers.

Organizations operating data centers that can’t afford any downtime at all will typically operate data centers that have a mirrored site that can take over if something happens to the first site, or they operate a second site in parallel to the first one. These data center topologies are called Active/Passive, and Active/Active, respectively. Should disaster or an outage occur, disaster mode would dictate immediately moving all of the primary data center’s processing to the second data center.

While some data center topologies are spread throughout a single country or continent, others extend around the world. Practically, data transmission speeds put a cap on centers that can be operated in parallel with the appearance of simultaneous operation. Linking two data centers located apart from each other — say no more than 60 miles to limit data latency issues — together with dark fiber (leased fiber optic cable) could enable both data centers to be operated as if they were in the same location, reducing staffing requirements yet providing immediate failover to the secondary data center if needed.

This redundancy of facilities and ensured availability is of paramount importance to those needing uninterrupted data center services.

Active/Passive Data Centers

Active/Active Data Centers

LEED Certification

Leadership in Energy and Environmental Design (LEED) is a rating system devised by the United States Green Building Council (USGBC) for the design, construction, and operation of green buildings. Facilities can achieve ratings of certified, silver, gold, or platinum based on criteria within six categories: sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, and innovation and design.

Green certification has become increasingly important in data center design and operation as data centers require great amounts of electricity and often cooling water to operate. Green technologies can reduce costs for data center operation, as well as make the arrival of data centers more amenable to environmentally-conscious communities.

The ACT, Inc. data center in Iowa City, Iowa was the first data center in the U.S. to receive LEED-Platinum certification, the highest level available.

ACT Data Center exterior

ACT Data Center exterior

ACT Data Center interior

ACT Data Center interior

Factors to Consider When Selecting a Data Center

There are numerous factors to consider when deciding to build or to occupy space in a data center. Aspects such as proximity to available power grids, telecommunications infrastructure, networking services, transportation lines, and emergency services can affect costs, risk, security and other factors that need to be taken into consideration.

The size of the data center will be dictated by the business requirements of the owner or tenant. A data center can occupy one room of a building, one or more floors, or an entire building. Most of the equipment is often in the form of servers mounted in 19 inch rack cabinets, which are usually placed in single rows forming corridors (so-called aisles) between them. This allows staff access to the front and rear of each cabinet. Servers differ greatly in size from 1U servers (i.e. one “U” or “RU” rack unit measuring 44.50 millimeters or 1.75 inches), to Backblaze’s Storage Pod design that fits a 4U chassis, to large freestanding storage silos that occupy many square feet of floor space.


Location will be one of the biggest factors to consider when selecting a data center and encompasses many other factors that should be taken into account, such as geological risks, neighboring uses, and even local flight paths. Access to suitable available power at a suitable price point is often the most critical factor and the longest lead time item, followed by broadband service availability.

With more and more data centers available providing varied levels of service and cost, the choices increase each year. Data center brokers can be employed to find a data center, just as one might use a broker for home or other commercial real estate.

Websites listing available colocation space, such as upstack.io, or entire data centers for sale or lease, are widely used. A common practice is for a customer to publish its data center requirements, and the vendors compete to provide the most attractive bid in a reverse auction.

Business and Customer Proximity

The center’s closeness to a business or organization may or may not be a factor in the site selection. The organization might wish to be close enough to manage the center or supervise the on-site staff from a nearby business location. The location of customers might be a factor, especially if data transmission speeds and latency are important, or the business or customers have regulatory, political, tax, or other considerations that dictate areas suitable or not suitable for the storage and processing of data.


Local climate is a major factor in data center design because the climatic conditions dictate what cooling technologies should be deployed. In turn this impacts uptime and the costs associated with cooling, which can total as much as 50% or more of a center’s power costs. The topology and the cost of managing a data center in a warm, humid climate will vary greatly from managing one in a cool, dry climate. Nevertheless, data centers are located in both extremely cold regions and extremely hot ones, with innovative approaches used in both extremes to maintain desired temperatures within the center.

Geographic Stability and Extreme Weather Events

A major obvious factor in locating a data center is the stability of the actual site as regards weather, seismic activity, and the likelihood of weather events such as hurricanes, as well as fire or flooding.

Backblaze’s Sacramento data center describes its location as one of the most stable geographic locations in California, outside fault zones and floodplains.

Sacramento Data Center

Sometimes the location of the center comes first and the facility is hardened to withstand anticipated threats, such as Equinix’s NAP of the Americas data center in Miami, one of the largest single-building data centers on the planet (six stories and 750,000 square feet), which is built 32 feet above sea level and designed to withstand category 5 hurricane winds.

Equinix Data Center in Miami

Equinix “NAP of the Americas” Data Center in Miami

Most data centers don’t have the extreme protection or history of the Bahnhof data center, which is located inside the ultra-secure former nuclear bunker Pionen, in Stockholm, Sweden. It is buried 100 feet below ground inside the White Mountains and secured behind 15.7 in. thick metal doors. It prides itself on its self-described “Bond villain” ambiance.

Bahnhof Data Center under White Mountain in Stockholm

Usually, the data center owner or tenant will want to take into account the balance between cost and risk in the selection of a location. The Ideal quadrant below is obviously favored when making this compromise.

Cost vs Risk in selecting a data center

Cost = Construction/lease, power, bandwidth, cooling, labor, taxes
Risk = Environmental (seismic, weather, water, fire), political, economic

Risk mitigation also plays a strong role in pricing. The extent to which providers must implement special building techniques and operating technologies to protect the facility will affect price. When selecting a data center, organizations must make note of the data center’s certification level on the basis of regulatory requirements in the industry. These certifications can ensure that an organization is meeting necessary compliance requirements.


Electrical power usually represents the largest cost in a data center. The cost a service provider pays for power will be affected by the source of the power, the regulatory environment, the facility size and the rate concessions, if any, offered by the utility. At higher level tiers, battery, generator, and redundant power grids are a required part of the picture.

Fault tolerance and power redundancy are absolutely necessary to maintain uninterrupted data center operation. Parallel redundancy is a safeguard to ensure that an uninterruptible power supply (UPS) system is in place to provide electrical power if necessary. The UPS system can be based on batteries, saved kinetic energy, or some type of generator using diesel or another fuel. The center will operate on the UPS system with another UPS system acting as a backup power generator. If a power outage occurs, the additional UPS system power generator is available.

Many data centers require the use of independent power grids, with service provided by different utility companies or services, to prevent against loss of electrical service no matter what the cause. Some data centers have intentionally located themselves near national borders so that they can obtain redundant power from not just separate grids, but from separate geopolitical sources.

Higher redundancy levels required by a company will of invariably lead to higher prices. If one requires high availability backed by a service-level agreement (SLA), one can expect to pay more than another company with less demanding redundancy requirements.

Stay Tuned for Part 2 of The Challenges of Opening a Data Center

That’s it for part 1 of this post. In subsequent posts, we’ll take a look at some other factors to consider when moving into a data center such as network bandwidth, cooling, and security. We’ll take a look at what is involved in moving into a new data center (including stories from Backblaze’s experiences). We’ll also investigate what it takes to keep a data center running, and some of the new technologies and trends affecting data center design and use. You can discover all posts on our blog tagged with “Data Center” by following the link https://www.backblaze.com/blog/tag/data-center/.

The second part of this series on The Challenges of Opening a Data Center will be posted later this week. Use the Join button above to receive notification of future posts in this series.

The post The Challenges of Opening a Data Center — Part 1 appeared first on Backblaze Blog | Cloud Storage & Cloud Backup.

Pirate Site Admin Sentenced to Two Years Prison & €83.6 Million Damages

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-admin-sentenced-to-two-years-prison-e83-6-million-damages-180221/

Way back in 2011, Streamiz was reported to be the second most popular pirate streaming site in France with around 250,000 visitors per day. The site didn’t host its own content but linked to movies elsewhere.

This prominent status soon attracted the attention of various entertainment companies including the National Federation of Film Distributors (FNDF) which filed a complaint against the site back in 2009.

Investigators eventually traced the presumed operator of the site to a location in the Hauts-de-Seine region of France. In October 2011 he was arrested leaving his Montrouge home in the southern Parisian suburbs. His backpack reportedly contained socks stuffed with almost 30,000 euros in cash.

The man was ordered to appear before the investigating judge but did not attend. He also failed to appear during his sentencing this Monday, which may or may not have been a good thing, depending on one’s perspective.

In his absence, the now 41-year-old was found guilty of copyright infringement offenses and handed one of the toughest sentences ever in a case of its type.

According to an AFP report, when the authorities can catch up with him the man must not only serve two years in prison but also pay a staggering 83.6 million euros in damages to Disney, 20th Century Fox, Warner Bros and SACEM, the Society of Authors, Composers and Music Publishers.

Streamiz is now closed but at its peak offered around 40,000 movies to millions of users per month. In total, the site stood accused of around 500,000,000 infringements, earning its operator an estimated 150,000 euros in advertising revenue over a two year period.

“This is a clear case of commercial counterfeiting” based on a “very structured” system, David El Sayegh, Secretary General of SACEM, told AFP. His sentence “sends a very clear message: there will be no impunity for pirates,” he added.

With an arrest warrant still outstanding, the former Streamiz admin is now on the run with very few options available to him. Certainly, the 83.6 million euro fine won’t ever be paid but the prison sentence is something he might need to get behind him.

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

Tech wishes for 2018

Post Syndicated from Eevee original https://eev.ee/blog/2018/02/18/tech-wishes-for-2018/

Anonymous asks, via money:

What would you like to see happen in tech in 2018?

(answer can be technical, social, political, combination, whatever)


Less of this

I’m not really qualified to speak in depth about either of these things, but let me put my foot in my mouth anyway:

The Blockchain™

Bitcoin was a neat idea. No, really! Decentralization is cool. Overhauling our terrible financial infrastructure is cool. Hash functions are cool.

Unfortunately, it seems to have devolved into mostly a get-rich-quick scheme for nerds, and by nearly any measure it’s turning into a spectacular catastrophe. Its “success” is measured in how much a bitcoin is worth in US dollars, which is pretty close to an admission from its own investors that its only value is in converting back to “real” money — all while that same “success” is making it less useful as a distinct currency.

Blah, blah, everyone already knows this.

What concerns me slightly more is the gold rush hype cycle, which is putting cryptocurrency and “blockchain” in the news and lending it all legitimacy. People have raked in millions of dollars on ICOs of novel coins I’ve never heard mentioned again. (Note: again, that value is measured in dollars.) Most likely, none of the investors will see any return whatsoever on that money. They can’t, really, unless a coin actually takes off as a currency, and that seems at odds with speculative investing since everyone either wants to hoard or ditch their coins. When the coins have no value themselves, the money can only come from other investors, and eventually the hype winds down and you run out of other investors.

I fear this will hurt a lot of people before it’s over, so I’d like for it to be over as soon as possible.

That said, the hype itself has gotten way out of hand too. First it was the obsession with “blockchain” like it’s a revolutionary technology, but hey, Git is a fucking blockchain. The novel part is the way it handles distributed consensus (which in Git is basically left for you to figure out), and that’s uniquely important to currency because you want to be pretty sure that money doesn’t get duplicated or lost when moved around.

But now we have startups trying to use blockchains for website backends and file storage and who knows what else? Why? What advantage does this have? When you say “blockchain”, I hear “single Git repository” — so when you say “email on the blockchain”, I have an aneurysm.

Bitcoin seems to have sparked imagination in large part because it’s decentralized, but I’d argue it’s actually a pretty bad example of a decentralized network, since people keep forking it. The ability to fork is a feature, sure, but the trouble here is that the Bitcoin family has no notion of federation — there is one canonical Bitcoin ledger and it has no notion of communication with any other. That’s what you want for currency, not necessarily other applications. (Bitcoin also incentivizes frivolous forking by giving the creator an initial pile of coins to keep and sell.)

And federation is much more interesting than decentralization! Federation gives us email and the web. Federation means I can set up my own instance with my own rules and still be able to meaningfully communicate with the rest of the network. Federation has some amount of tolerance for changes to the protocol, so such changes are more flexible and rely more heavily on consensus.

Federation is fantastic, and it feels like a massive tragedy that this rekindled interest in decentralization is mostly focused on peer-to-peer networks, which do little to address our current problems with centralized platforms.

And hey, you know what else is federated? Banks.


Again, the tech is cool and all, but the marketing hype is getting way out of hand.

Maybe what I really want from 2018 is less marketing?

For one, I’ve seen a huge uptick in uncritically referring to any software that creates or classifies creative work as “AI”. Can we… can we not. It’s not AI. Yes, yes, nerds, I don’t care about the hair-splitting about the nature of intelligence — you know that when we hear “AI” we think of a human-like self-aware intelligence. But we’re applying it to stuff like a weird dog generator. Or to whatever neural network a website threw into production this week.

And this is dangerously misleading — we already had massive tech companies scapegoating The Algorithm™ for the poor behavior of their software, and now we’re talking about those algorithms as though they were self-aware, untouchable, untameable, unknowable entities of pure chaos whose decisions we are arbitrarily bound to. Ancient, powerful gods who exist just outside human comprehension or law.

It’s weird to see this stuff appear in consumer products so quickly, too. It feels quick, anyway. The latest iPhone can unlock via facial recognition, right? I’m sure a lot of effort was put into ensuring that the same person’s face would always be recognized… but how confident are we that other faces won’t be recognized? I admit I don’t follow all this super closely, so I may be imagining a non-problem, but I do know that humans are remarkably bad at checking for negative cases.

Hell, take the recurring problem of major platforms like Twitter and YouTube classifying anything mentioning “bisexual” as pornographic — because the word is also used as a porn genre, and someone threw a list of porn terms into a filter without thinking too hard about it. That’s just a word list, a fairly simple thing that any human can review; but suddenly we’re confident in opaque networks of inferred details?

I don’t know. “Traditional” classification and generation are much more comforting, since they’re a set of fairly abstract rules that can be examined and followed. Machine learning, as I understand it, is less about rules and much more about pattern-matching; it’s built out of the fingerprints of the stuff it’s trained on. Surely that’s just begging for tons of edge cases. They’re practically made of edge cases.

I’m reminded of a point I saw made a few days ago on Twitter, something I’d never thought about but should have. TurnItIn is a service for universities that checks whether students’ papers match any others, in order to detect cheating. But this is a paid service, one that fundamentally hinges on its corpus: a large collection of existing student papers. So students pay money to attend school, where they’re required to let their work be given to a third-party company, which then profits off of it? What kind of a goofy business model is this?

And my thoughts turn to machine learning, which is fundamentally different from an algorithm you can simply copy from a paper, because it’s all about the training data. And to get good results, you need a lot of training data. Where is that all coming from? How many for-profit companies are setting a neural network loose on the web — on millions of people’s work — and then turning around and selling the result as a product?

This is really a question of how intellectual property works in the internet era, and it continues our proud decades-long tradition of just kinda doing whatever we want without thinking about it too much. Nothing if not consistent.

More of this

A bit tougher, since computers are pretty alright now and everything continues to chug along. Maybe we should just quit while we’re ahead. There’s some real pie-in-the-sky stuff that would be nice, but it certainly won’t happen within a year, and may never happen except in some horrific Algorithmic™ form designed by people that don’t know anything about the problem space and only works 60% of the time but is treated as though it were bulletproof.


The giants are getting more giant. Maybe too giant? Granted, it could be much worse than Google and Amazon — it could be Apple!

Amazon has its own delivery service and brick-and-mortar stores now, as well as providing the plumbing for vast amounts of the web. They’re not doing anything particularly outrageous, but they kind of loom.

Ad company Google just put ad blocking in its majority-share browser — albeit for the ambiguously-noble goal of only blocking obnoxious ads so that people will be less inclined to install a blanket ad blocker.

Twitter is kind of a nightmare but no one wants to leave. I keep trying to use Mastodon as well, but I always forget about it after a day, whoops.

Facebook sounds like a total nightmare but no one wants to leave that either, because normies don’t use anything else, which is itself direly concerning.

IRC is rapidly bleeding mindshare to Slack and Discord, both of which are far better at the things IRC sadly never tried to do and absolutely terrible at the exact things IRC excels at.

The problem is the same as ever: there’s no incentive to interoperate. There’s no fundamental technical reason why Twitter and Tumblr and MySpace and Facebook can’t intermingle their posts; they just don’t, because why would they bother? It’s extra work that makes it easier for people to not use your ecosystem.

I don’t know what can be done about that, except that hope for a really big player to decide to play nice out of the kindness of their heart. The really big federated success stories — say, the web — mostly won out because they came along first. At this point, how does a federated social network take over? I don’t know.

Social progress

I… don’t really have a solid grasp on what’s happening in tech socially at the moment. I’ve drifted a bit away from the industry part, which is where that all tends to come up. I have the vague sense that things are improving, but that might just be because the Rust community is the one I hear the most about, and it puts a lot of effort into being inclusive and welcoming.

So… more projects should be like Rust? Do whatever Rust is doing? And not so much what Linus is doing.

Open source funding

I haven’t heard this brought up much lately, but it would still be nice to see. The Bay Area runs on open source and is raking in zillions of dollars on its back; pump some of that cash back into the ecosystem, somehow.

I’ve seen a couple open source projects on Patreon, which is fantastic, but feels like a very small solution given how much money is flowing through the commercial tech industry.

Ad blocking

Nice. Fuck ads.

One might wonder where the money to host a website comes from, then? I don’t know. Maybe we should loop this in with the above thing and find a more informal way to pay people for the stuff they make when we find it useful, without the financial and cognitive overhead of A Transaction or Giving Someone My Damn Credit Card Number. You know, something like Bitco— ah, fuck.

Year of the Linux Desktop

I don’t know. What are we working on at the moment? Wayland? Do Wayland, I guess. Oh, and hi-DPI, which I hear sucks. And please fix my sound drivers so PulseAudio stops blaming them when it fucks up.

Game Companies Oppose DMCA Exemption for ‘Abandoned’ Online Games

Post Syndicated from Ernesto original https://torrentfreak.com/game-companies-oppose-dmca-exemption-for-abandoned-online-games-180217/

There are a lot of things people are not allowed to do under US copyright law, but perhaps just as importantly there are exemptions.

The U.S. Copyright Office is currently considering whether or not to loosen the DMCA’s anti-circumvention provisions, which prevent the public from ‘tinkering’ with DRM-protected content and devices.

These provisions are renewed every three years after the Office hears various arguments from the public. One of the major topics on the agenda this year is the preservation of abandoned games.

The Copyright Office previously included game preservation exemptions to keep these games accessible. This means that libraries, archives, and museums can use emulators and other circumvention tools to make old classics playable.

Late last year several gaming fans including the Museum of Art and Digital Entertainment (the MADE), a nonprofit organization operating in California, argued for an expansion of this exemption to also cover online games. This includes games in the widely popular multiplayer genre, which require a connection to an online server.

“Although the Current Exemption does not cover it, preservation of online video games is now critical,” MADE wrote in its comment to the Copyright Office.

“Online games have become ubiquitous and are only growing in popularity. For example, an estimated fifty-three percent of gamers play multiplayer games at least once a week, and spend, on average, six hours a week playing with others online.”

This week, the Entertainment Software Association (ESA), which acts on behalf of prominent members including Electonic Arts, Nintendo and Ubisoft, opposed the request.

While they are fine with the current game-preservation exemption, expanding it to online games goes too far, they say. This would allow outsiders to recreate online game environments using server code that was never published in public.

It would also allow a broad category of “affiliates” to help with this which, according to the ESA, could include members of the public

“The proponents characterize these as ‘slight modifications’ to the existing exemption. However they are nothing of the sort. The proponents request permission to engage in forms of circumvention that will enable the complete recreation of a hosted video game-service environment and make the video game available for play by a public audience.”

“Worse yet, proponents seek permission to deputize a legion of ‘affiliates’ to assist in their activities,” ESA adds.

The proposed changes would enable and facilitate infringing use, the game companies warn. They fear that outsiders such as MADE will replicate the game servers and allow the public to play these abandoned games, something games companies would generally charge for. This could be seen as direct competition.

MADE, for example, already charges the public to access its museum so they can play games. This can be seen as commercial use under the DMCA, ESA points out.

“Public performance and display of online games within a museum likewise is a commercial use within the meaning of Section 107. MADE charges an admission fee – ‘$10 to play games all day’.

“Under the authority summarized above, public performance and display of copyrighted works to generate entrance fee revenue is a commercial use, even if undertaken by a nonprofit museum,” the ESA adds.

The ESA also stresses that their members already make efforts to revive older games themselves. There is a vibrant and growing market for “retro” games, which games companies are motivated to serve, they say.

The games companies, therefore, urge the Copyright Office to keep the status quo and reject any exemptions for online games.

“In sum, expansion of the video game preservation exemption as contemplated by Class 8 is not a ‘modest’ proposal. Eliminating the important limitations that the Register provided when adopting the current exemption risks the possibility of wide-scale infringement and substantial market harm,” they write.

The Copyright Office will take all arguments into consideration before it makes a final decision. It’s clear that the wishes of game preservation advocates, such as MADE, are hard to unite with the interests of the game companies, so one side will clearly be disappointed with the outcome.

A copy of ESA’s submissionavailablelble here (pdf).

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

Court Orders Spanish ISPs to Block Pirate Sites For Hollywood

Post Syndicated from Andy original https://torrentfreak.com/court-orders-spanish-isps-to-block-pirate-sites-for-hollywood-180216/

Determined to reduce levels of piracy globally, Hollywood has become one of the main proponents of site-blocking on the planet. To date there have been multiple lawsuits in far-flung jurisdictions, with Europe one of the primary targets.

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, Spain has become one of the latest targets. According to the studios a pair of sites – HDFull.tv and Repelis.tv – infringe their copyrights on a grand scale and need to be slowed down by preventing users from accessing them.

HDFull is a platform that provides movies and TV shows in both Spanish and English. Almost 60% its traffic comes from Spain and after a huge surge in visitors last July, it’s now the 337th most popular site in the country according to Alexa. Visitors from Mexico, Argentina, United States and Chile make up the rest of its audience.

Repelis.tv is a similar streaming portal specializing in movies, mainly in Spanish. A third of the site’s visitors hail from Mexico with the remainder coming from Argentina, Columbia, Spain and Chile. In common with HDFull, Repelis has been building its visitor numbers quickly since 2017.

The studios demanding more blocks

With a ruling in hand from the European Court of Justice which determined that sites can be blocked on copyright infringement grounds, the studios asked the courts to issue an injunction against several local ISPs including Telefónica, Vodafone, Orange and Xfera. In an order handed down this week, Barcelona Commercial Court No. 6 sided with the studios and ordered the ISPs to begin blocking the sites.

“They damage the legitimate rights of those who own the films and series, which these pages illegally display and with which they profit illegally through the advertising revenues they generate,” a statement from the Spanish Federation of Cinematographic Distributors (FEDECINE) reads.

FEDECINE General director Estela Artacho said that changes in local law have helped to provide the studios with a new way to protect audiovisual content released in Spain.

“Thanks to the latest reform of the Civil Procedure Law, we have in this jurisdiction a new way to exercise different possibilities to protect our commercial film offering,” Artacho said.

“Those of us who are part of this industry work to make culture accessible and offer the best cinematographic experience in the best possible conditions, guaranteeing the continuity of the sector.”

The development was also welcomed by Stan McCoy, president of the Motion Picture Association’s EMEA division, which represents the plaintiffs in the case.

“We have just taken a welcome step which we consider crucial to face the problem of piracy in Spain,” McCoy said.

“These actions are necessary to maintain the sustainability of the creative community both in Spain and throughout Europe. We want to ensure that consumers enjoy the entertainment offer in a safe and secure environment.”

After gaining experience from blockades and subsequent circumvention in other regions, the studios seem better prepared to tackle fallout in Spain. In addition to blocking primary domains, the ruling handed down by the court this week also obliges ISPs to block any other domain, subdomain or IP address whose purpose is to facilitate access to the blocked platforms.

News of Spain’s ‘pirate’ blocks come on the heels of fresh developments in Germany, where this week a court ordered ISP Vodafone to block KinoX, one of the country’s most popular streaming portals.

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

Court Dismisses Playboy’s Copyright Claims Against Boing Boing

Post Syndicated from Ernesto original https://torrentfreak.com/court-dismisses-playboys-copyright-claims-against-boing-boing-180215/

Early 2016, Boing Boing co-editor Xeni Jardin published an article in which she linked to an archive of every Playboy centerfold image till then.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Jardin commented.

While the linked material undoubtedly appealed to many readers, Playboy itself took offense to the fact that infringing copies of their work were being shared in public. While Boing Boing didn’t upload or store the images in question, the publisher filed a lawsuit late last year.

The blog’s parent company Happy Mutants was accused of various counts of copyright infringement, with Playboy claiming that it exploited their playmates’ images for commercial purposes.

Boing Boing saw things differently. With help from the Electronic Frontier Foundation (EFF) it filed a motion to dismiss, arguing that hyperlinking is not copyright infringement. If Playboy would’ve had their way, millions of other Internet users could be sued for linking too.

“This case merely has to survive a motion to dismiss to launch a thousand more expensive lawsuits, chilling a broad variety of lawful expression and reporting that merely adopts the common practice of linking to the material that is the subject of the report,” they wrote.

The article in question

Yesterday US District Court Judge Fernando Olguin ruled on the matter. In a brief order, he concluded that an oral argument is not needed and that based on the arguments from both sides, the case should be dismissed with leave.

This effectively means that Playboy’s complaint has been thrown out. However, the company is offered a lifeline and is allowed to submit a new one if they can properly back up their copyright infringement allegations.

“The court will grant defendant’s Motion and dismiss plaintiff’s First Amended Complaint with leave to amend. In preparing the Second Amended Complaint, plaintiff shall carefully evaluate the contentions set forth in defendant’s Motion.

“For example, the court is skeptical that plaintiff has sufficiently alleged facts to support either its inducement or material contribution theories of copyright infringement,” Judge Olguin adds.

According to the order, it is not sufficient to argue that Boing Boing merely ‘provided the means’ to carry out copyright infringing activity. There also has to be a personal action that ‘assists’ the infringing activity.

Playboy has until the end of the month to submit a new complaint and if it chooses not to do so, the case will be thrown out.

The order is clearly a win for Boing Boing, which vehemently opposed Playboy’s claims. While the order is clear, it must come as a surprise to the magazine publisher, which won a similar ‘hyperlinking’ lawsuit in the European Court of Justice last year.

EFF, who defend Boing Boing, is happy with the order and hopes that Playboy will leave it at this.

“From the outset of this lawsuit, we have been puzzled as to why Playboy, once a staunch defender of the First Amendment, would attack a small news and commentary website,” EFF comments

“Today’s decision leaves Playboy with a choice: it can try again with a new complaint or it can leave this lawsuit behind. We don’t believe there’s anything Playboy could add to its complaint that would meet the legal standard. We hope that it will choose not to continue with its misguided suit.”

A copy of US District Court Judge Fernando Olguin’s order is available here (pdf).

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

Amazon Relational Database Service – Looking Back at 2017

Post Syndicated from Jeff Barr original https://aws.amazon.com/blogs/aws/amazon-relational-database-service-looking-back-at-2017/

The Amazon RDS team launched nearly 80 features in 2017. Some of them were covered in this blog, others on the AWS Database Blog, and the rest in What’s New or Forum posts. To wrap up my week, I thought it would be worthwhile to give you an organized recap. So here we go!

Certification & Security


Engine Versions & Features

Regional Support

Instance Support

Price Reductions

And That’s a Wrap
I’m pretty sure that’s everything. As you can see, 2017 was quite the year! I can’t wait to see what the team delivers in 2018.



Google Won’t Take Down ‘Pirate’ VLC With Five Million Downloads

Post Syndicated from Andy original https://torrentfreak.com/google-wont-take-down-pirate-vlc-with-five-million-downloads-180206/

VLC is the media player of choice for Internet users around the globe. Downloaded for desktop at least 2,493,000,000 times since February 2005, VLC is an absolute giant. And those figures don’t even include GNU/Linux, iOS, Android, Chrome OS or Windows Phone downloads either.

Aside from its incredible functionality, VLC (operated by the VideoLAN non-profit) has won the hearts of Internet users for other key reasons, not least its commitment to being free and open source software. While it’s true to say that VLC doesn’t cost a penny, the term ‘free’ actually relates to the General Public License (GPL) under which it’s distributed.

The GPL aims to guarantee that software under it remains ‘free’ for all current and future users. To benefit from these protections, the GPL requires people who modify and redistribute software to afford others the same freedoms by informing them of the requirement to make source code available.

Since VLC is extremely popular and just about as ‘free’ as software can get, people get extremely defensive when they perceive that a third-party is benefiting from the software without adhering to the terms of the generous GPL license. That was the case beginning a few hours ago when veteran Reddit user MartinVanBallin pointed out a piece of software on the Google Play Store.

“They took VLC, put in ads, didn’t attribute VLC or follow the open source license, and they’re using Media Player Classics icon,” MartinVanBallin wrote.

The software is called 321 Media Player and has an impressive 4.5 score from more than 101,000 reviews. Despite not mentioning VLC or the GPL, it is based completely on VLC, as the image below (and other proof) shows.

VLC Media Player 321 Media Player

TorrentFreak spoke with VideoLAN President Jean-Baptiste Kempf who confirmed that the clone is in breach of the GPL.

“The Android version of VLC is under the license GPLv3, which requires everything inside the application to be open source and sharing the source,” Kempf says.

“This clone seems to use a closed-source advertisement component (are there any that are open source?), which is a clear violation of our copyleft. Moreover, they don’t seem to share the source at all, which is also a violation.”

Perhaps the most amazing thing is the popularity of the software. According to stats provided by Google, 321 Media Player has amassed between five and ten million downloads. That’s not an insignificant amount when one considers that unlike VLC, 321 Media Player contains revenue-generating ads.

Using GPL-licensed software for commercial purposes is allowed providing the license terms are strictly adhered to. Kempf informs TF that VideoLAN doesn’t mind if this happens but in this case, the GPL is not being respected.

“A fork application which changes some things is an interesting thing, because they maybe have something to give back to our community. The application here, is just a parasite, and I think they are useless and dangerous,” Kempf says.

All that being said, turning VLC itself into adware is something the VideoLAN team is opposed to. In fact, according to questions answered by Kempf last September, the team turned down “several tens of millions of euros” to turn their media player into an ad-supported platform.

“Integrating crap, adware and spyware with VLC is not OK,” Kempf informs TF.

TorrentFreak contacted the developer of 321 Media Player for comment but at the time of publication, we were yet to receive a response. We also asked for a copy of the source code for 321 Media Player as the GPL requires, but that wasn’t forthcoming either.

In the meantime, it appears that a small army of Reddit users are trying to get something done about the ‘rogue’ app by reporting it as an “inappropriate copycat” to Google. Whether this will have any effect remains to be seen but according to Kempf, tackling these clone versions has proven extremely difficult in the past.

“We reported this application already more than three times and Google refuses to take it down,” he says.

“Our experience is that it is very difficult to take these kinds of apps down, even if they embed spyware or malware. Maybe it is because it makes money for Google.”

Finally, Kempf also points to the obviously named “Indian VLC Player” on Google Play. Another VLC clone with up to 500,000 downloads, this one appears to breach both copyright and trademark law.

“We remove applications that violate our policies, such as apps that are illegal,” a Google spokesperson informs TorrentFreak.

“We don’t comment on individual applications; you can check out our policies for more information.”

Update: The app has now been removed from Google Play

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Playboy’s Copyright Lawsuit Threatens Online Expression, Boing Boing Argues

Post Syndicated from Ernesto original https://torrentfreak.com/playboys-copyright-lawsuit-threatens-online-expression-boing-boing-argues-180202/

Early 2016, Boing Boing co-editor Xeni Jardin published an article in which she linked to an archive of every Playboy centerfold image till then.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Jardin commented.

While the linked material undoubtedly appealed to many readers, Playboy itself took offense to the fact that infringing copies of their work were being shared in public. While Boing Boing didn’t upload or store the images in question, the publisher filed a complaint.

Playboy accused the blog’s parent company Happy Mutants of various counts of copyright infringement, claiming that it exploited their playmates’ images for commercial purposes.

Last month Boing Boing responded to the allegations with a motion to dismiss. The case should be thrown out, it argued, noting that linking to infringing material for the purpose of reporting and commentary, is not against the law.

This prompted Playboy to fire back, branding Boing Boing a “clickbait” site. Playboy informed the court that the popular blog profits off the work of others and has no fair use defense.

Before the California District Court decides on the matter, Boing Boing took the opportunity to reply to Playboy’s latest response. According to the defense, Playboy’s case is an attack on people’s freedom of expression.

“Playboy claims this is an important case. It is partially correct: if the Court allows this case to go forward, it will send a dangerous message to everyone engaged in ordinary online commentary,” Boing Boing’s reply reads.

Referencing a previous Supreme Court decision, the blog says that the Internet democratizes access to speech, with websites as a form of modern-day pamphlets.

Links to source materials posted by third parties give these “pamphlets” more weight as they allow readers to form their own opinion on the matter, Boing Boing argues. If the court upholds Playboy’s arguments, however, this will become a risky endeavor.

“Playboy, however, would apparently prefer a world in which the ‘pamphleteer’ must ask for permission before linking to primary sources, on pain of expensive litigation,” the defense writes.

“This case merely has to survive a motion to dismiss to launch a thousand more expensive lawsuits, chilling a broad variety of lawful expression and reporting that merely adopts the common practice of linking to the material that is the subject of the report.”

The defense says that there are several problems with Playboy’s arguments. Among other things, Boing Boing argues that did nothing to cause the unauthorized posting of Playboy’s work on Imgur and YouTube.

Another key argument is that linking to copyright-infringing material should be considered fair use, since it was for purposes of criticism, commentary, and news reporting.

“Settled precedent requires dismissal, both because Boing Boing did not induce or materially contribute to any copyright infringement and, in the alternative, because Boing Boing engaged in fair use,” the defense writes.

Instead of going after Boing Boing for contributory infringement, Playboy could actually try to uncover the people who shared the infringing material, they argue. There is nothing that prevents them from doing so.

After hearing the arguments from both sides it is now up to the court to decide how to proceed. Given what’s at stake, the eventual outcome in this case is bound to set a crucial precedent.

A copy of Boing Boing’s reply is available here (pdf).

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Addressing Data Residency with AWS

Post Syndicated from Min Hyun original https://aws.amazon.com/blogs/security/addressing-data-residency-with-aws/

Whitepaper image

AWS has released a new whitepaper that has been requested by many AWS customers: AWS Policy Perspectives: Data Residency. Data residency is the requirement that all customer content processed and stored in an IT system must remain within a specific country’s borders, and it is one of the foremost concerns of governments that want to use commercial cloud services. General cybersecurity concerns and concerns about government requests for data have contributed to a continued focus on keeping data within countries’ borders. In fact, some governments have determined that mandating data residency provides an extra layer of security.

This approach, however, is counterproductive to the data protection objectives and the IT modernization and global economic growth goals that many governments have set as milestones. This new whitepaper addresses the real and perceived security risks expressed by governments when they demand in-country data residency by identifying the most likely and prevalent IT vulnerabilities and security risks, explaining the native security embedded in cloud services, and highlighting the roles and responsibilities of cloud service providers (CSPs), governments, and customers in protecting data.

Large-scale, multinational CSPs, often called hyperscale CSPs, represent a transformational disruption in technology because of how they support their customers with high degrees of efficiency, agility, and innovation as part of world-class security offerings. The whitepaper explains how hyperscale CSPs, such as AWS, that might be located out of country provide their customers the ability to achieve high levels of data protection through safeguards on their own platform and with turnkey tooling for their customers. They do this while at the same time preserving nation-state regulatory sovereignty.

The whitepaper also considers the commercial, public-sector, and economic effects of data residency policies and offers considerations for governments to evaluate before enforcing requirements that can unintentionally limit public-sector digital transformation goals, in turn possibly leading to increased cybersecurity risk.

AWS continues to engage with governments around the world to hear and address their top-of-mind security concerns. We take seriously our commitment to advocate for our customers’ interests and enforce security from “ground zero.” This means that when customers use AWS, they can have the confidence that their data is protected with a level of assurance that meets, if not exceeds, their needs, regardless of where the data resides.

– Min Hyun, Cloud Security Policy Strategist

Piracy Can Help Music Sales of Many Artists, Research Shows

Post Syndicated from Ernesto original https://torrentfreak.com/piracy-can-help-music-sales-of-many-artists-research-shows-180128/

The debate over whether online piracy helps or hurts music sales has been dragging on for several decades now.

The issue has been researched extensively with both positive and negative effects being reported, often varying based on the type of artist, music genre and media, among other variables.

One of the more extensive studies was published this month in the peer-reviewed Information Economics and Policy journal, by Queen’s University economics researcher Jonathan Lee.

In a paper titled ‘Purchase, pirate, publicize: Private-network music sharing and market album sales’ he examined the effect of BitTorrent-based piracy on both digital and physical music sales.

We covered an earlier version of the study two years ago when it was still a work in progress. With updates to the research methods and a data sample, the results are now more clear.

The file-sharing data was obtained from an unnamed private BitTorrent tracker and covers a data set of 250,000 albums and more than five million downloads. These were matched to US sales data for thousands of albums provided by Nielsen SoundScan.

By refining the estimation approach and updating the matching technique, the final version of the paper shows some interesting results.

Based on the torrent tracker data, Lee finds that piracy can boost sales of mid-tier artists, both for physical CDs and digital downloads. For the most popular artists, this effect is reversed. In both cases, the impact is the largest for digital sales.

“I now find that top artists are harmed and mid-tier artists may be helped in both markets, but that these effects are larger for digital sales,” Lee tells TorrentFreak. “This is consistent with the idea that people are more willing to switch between digital piracy and digital sales than between digital piracy and physical CDs.”

The findings lead to the conclusion that there is no ideal ‘one-size-fits-all’ response to piracy. In fact, some unauthorized sharing may be a good thing.

This is in line with observations from musicians themselves over the past years. Several top artists have admitted the positive effects of piracy, including Ed Sheeran, who recently said that he owes his career to it.

“I know that’s a bad thing to say, because I’m part of a music industry that doesn’t like illegal file sharing,” Sheeran said in an interview with CBS. “Illegal file sharing was what made me. It was students in England going to university, sharing my songs with each other.”

Sheeran sharing on TPB

Today, Sheeran is in a totally different position of course. As one of the top artists, he would now be hurt by piracy. However, the new stars of tomorrow may still reap the benefits.

According to the researcher, the music industry should realize that shutting down pirate sites may not always be the best option. On the contrary, file-sharing sites may be useful as promotional platforms in some cases.

“Following above, a policy of total shutdown of private file sharing networks seems excessively costly (compared with their relatively small impact on sales) and unwise (as a one-size-fits-all policy). It would be better to make legal consumption more convenient, reducing the demand for piracy as an alternative to purchasing,” Lee tells us.

“It would also be smart to experiment with releasing music onto piracy networks themselves, especially for up-and-coming artists, similar to the free promotion afforded by commercial radio.”

The researcher makes another interesting extrapolation from the findings. In recent years, some labels and artists have signed exclusive deals with some streaming platforms. This means that content is not available everywhere, and this fragmentation may make piracy look more appealing.

“Here you can view piracy as a non-fragmented alternative platform to Spotify et al. Thus consumers will have a strong incentive to use a single non-fragmented platform (piracy) over having multiple subscriptions to fragmented platforms,” Lee says.

It would be better for the labels to publish their music on all platforms, and to make these more appealing and convenient than the pirate alternative.

The data used for the research was collected several years ago before the big streaming boom, so it might be that the results are different today. However, it is clear that the effect of piracy on sales is not as uniform as the music industry often portrays it.

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Playboy Brands Boing Boing a “Clickbait” Site With No Fair Use Defense

Post Syndicated from Andy original https://torrentfreak.com/playboy-brands-boing-boing-a-clickbait-site-with-no-fair-use-defense-180126/

Late 2017, Boing Boing co-editor Xena Jardin posted an article in which he linked to an archive containing every Playboy centerfold image to date.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Jardin noted.

While Boing Boing had nothing to do with the compilation, uploading, or storing of the Imgur-based archive, Playboy took exception to the popular blog linking to the album.

Noting that Jardin had referred to the archive uploader as a “wonderful person”, the adult publication responded with a lawsuit (pdf), claiming that Boing Boing had commercially exploited its copyrighted images.

Last week, with assistance from the Electronic Frontier Foundation, Boing Boing parent company Happy Mutants filed a motion to dismiss in which it defended its right to comment on and link to copyrighted content without that constituting infringement.

“This lawsuit is frankly mystifying. Playboy’s theory of liability seems to be that it is illegal to link to material posted by others on the web — an act performed daily by hundreds of millions of users of Facebook and Twitter, and by journalists like the ones in Playboy’s crosshairs here,” the company wrote.

EFF Senior Staff Attorney Daniel Nazer weighed in too, arguing that since Boing Boing’s reporting and commenting is protected by copyright’s fair use doctrine, the “deeply flawed” lawsuit should be dismissed.

Now, just a week later, Playboy has fired back. Opposing Happy Mutants’ request for the Court to dismiss the case, the company cites the now-famous Perfect 10 v. Amazon/Google case from 2007, which tried to prevent Google from facilitating access to infringing images.

Playboy highlights the court’s finding that Google could have been held contributorily liable – if it had knowledge that Perfect 10 images were available using its search engine, could have taken simple measures to prevent further damage, but failed to do so.

Turning to Boing Boing’s conduct, Playboy says that the company knew it was linking to infringing content, could have taken steps to prevent that, but failed to do so. It then launches an attack on the site itself, offering disparaging comments concerning its activities and business model.

“This is an important case. At issue is whether clickbait sites like Happy Mutants’ Boing Boing weblog — a site designed to attract viewers and encourage them to click on links in order to generate advertising revenue — can knowingly find, promote, and profit from infringing content with impunity,” Playboy writes.

“Clickbait sites like Boing Boing are not known for creating original content. Rather, their business model is based on ‘collecting’ interesting content created by others. As such, they effectively profit off the work of others without actually creating anything original themselves.”

Playboy notes that while sites like Boing Boing are within their rights to leverage works created by others, courts in the US and overseas have ruled that knowingly linking to infringing content is unacceptable.

Even given these conditions, Playboy argues, Happy Mutants and the EFF now want the Court to dismiss the case so that sites are free to “not only encourage, facilitate, and induce infringement, but to profit from those harmful activities.”

Claiming that Boing Boing’s only reason for linking to the infringing album was to “monetize the web traffic that over fifty years of Playboy photographs would generate”, Playboy insists that the site and parent company Happy Mutants was properly charged with copyright infringement.

Playboy also dismisses Boing Boing’s argument that a link to infringing content cannot result in liability due to the link having both infringing and substantial non-infringing uses.

First citing the Betamax case, which found that maker Sony could not be held liable for infringement because its video recorders had substantial non-infringing uses, Playboy counters with the Grokster decision, which held that a distributor of a product could be liable for infringement, if there was an intent to encourage or support infringement.

“In this case, Happy Mutants’ offending link — which does nothing more than support infringing content — is good for nothing but promoting infringement and there is no legitimate public interest in its unlicensed availability,” Playboy notes.

In its motion to dismiss, Happy Mutants also argued that unless Playboy could identify users who “in fact downloaded — rather than simply viewing — the material in question,” the case should be dismissed. However, Playboy rejects the argument, claiming it is based on an erroneous interpretation of the law.

Citing the Grokster decision once more, the adult publisher notes that the Supreme Court found that someone infringes contributorily when they intentionally induce or encourage direct infringement.

“The argument that contributory infringement only lies where the defendant’s actions result in further infringement ignores the ‘or’ and collapses ‘inducing’ and ‘encouraging’ into one thing when they are two distinct things,” Playboy writes.

As for Boing Boing’s four classic fair use arguments, the publisher describes these as “extremely weak” and proceeds to hit them one by one.

In respect of the purpose and character of the use, Playboy discounts Boing Boing’s position that the aim of its post was to show “how our standards of hotness, and the art of commercial erotic photography, have changed over time.” The publisher argues that is the exact same purpose of Playboy magazine, while highliting its publication Playboy: The Compete Centerfolds, 1953-2016.

Moving on to the second factor of fair use – the nature of the copyrighted work – Playboy notes that an entire album of artwork is involved, rather than just a single image.

On the third factor, concerning the amount and substantiality of the original work used, Playboy argues that in order to publish an opinion on how “standards of hotness” had developed over time, there was no need to link to all of the pictures in the archive.

“Had only representative images from each decade, or perhaps even each year, been taken, this would be a very different case — but Happy Mutants cannot dispute that it knew it was linking to an illegal library of ‘Every Playboy Playmate Centerfold Ever’ since that is what it titled its blog post,” Playboy notes.

Finally, when considering the effect of the use upon the potential market for or value of the copyrighted work, Playbody says its archive of images continues to be monetized and Boing Boing’s use of infringing images jeopardizes that.

“Given that people are generally not going to pay for what is freely available, it is disingenuous of Happy Mutants to claim that promoting the free availability of infringing archives of Playboy’s work for viewing and downloading is not going to have an adverse effect on the value or market of that work,” the publisher adds.

While it appears the parties agree on very little, there is agreement on one key aspect of the case – its wider importance.

On the one hand, Playboy insists that a finding in its favor will ensure that people can’t commercially exploit infringing content with impunity. On the other, Boing Boing believes that the health of the entire Internet is at stake.

“The world can’t afford a judgment against us in this case — it would end the web as we know it, threatening everyone who publishes online, from us five weirdos in our basements to multimillion-dollar, globe-spanning publishing empires like Playboy,” the company concludes.

Playboy’s opposition to Happy Mutants’ motion to dismiss can be found here (pdf)

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