Tag Archives: complaint

Court Cracks Down on ‘Future’ Pirate Mayweather-McGregor Streams

Post Syndicated from Ernesto original https://torrentfreak.com/court-cracks-down-on-future-pirate-mayweather-mcgregor-streams-170821/

This weekend, the undefeated Floyd Mayweather Jr. will go head-to-head with UFC lightweight champion Conor McGregor at the T-Mobile Arena in Las Vegas.

The fight is not just about prestige, but also about money. Some predict that the unusual matchup could pull in a staggering one billion dollars.

A significant portion of this will go to each of the fighters, but rightsholders such as Showtime benefit as well.

People who want to stream the event live over the Internet will have to cough up between $89.95 and $99.99. This will generate millions of dollars in revenue but the numbers would be even higher if it wasn’t so easy to stream the fight through pirate sites.

This is why Showtime took some of the most brazen pirate sites to court last week, demanding an injunction to stop the pirated streams before they even start. In its complaint, the cable TV provider listed 44 domain names which advertise the fight, urging the court to shut them down pre-emptively.

A few of the 44 targeted (sub)domains.

After reviewing the application, United States District Judge André Birotte Jr. approved the preliminary injunction, which forbids the site’s operators from offering infringing streams. The injunction stays in place until August 28, two days after the event.

While the order is a clear win for Showtime, it’s unclear how effective it will be. The sites in question are all believed to be connected to LiveStreamHDQ and its alleged operator “Kopa Mayweather,” who Showtime have battled before.

At the time of writing, the sites are all still online, although the language appears to have changed. Many now have articles explaining how the fight can be watched legally. Whether it remains that way has to be seen.

Updated ‘pirate’ site

Interestingly, the injunction doesn’t mention any domain name registrars or registries. When Showtime applied for similar measures in the past, the company specifically asked to take control of domain names, so these couldn’t be used for any infringing activity.

That said, the current order applies to the defendants and any others who are “in active concert or participation” with them, so this might be enough for domain registrars and other parties to take appropriate action.

Showtime also has the possibility to request updates to the injunction, if needed, but with only a few days to go this has to happen swiftly.

As mentioned earlier, this is not the first time that Showtime has gone after alleged pirates before they get a chance to commit an offense. The company launched similar cases for the Mayweather vs. Pacquiao and Mayweather vs. Berto matchups in 2015.

While these efforts were successful in taking a few pirate sites down, there were plenty of unauthorized streams available when the events started. This time it’s not likely to be any different. With hundreds of live streaming sites and tools out there, piracy will remain undefeated.

A copy of the preliminary injunction is available here (pdf).

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

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

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

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

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

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

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

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

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

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

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

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

TVAddons.ag daily traffic, before the takedown

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Complaint (pdf)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Spinrilla Refuses to Share Its Source Code With the RIAA

Post Syndicated from Ernesto original https://torrentfreak.com/spinrilla-refuses-to-share-its-source-code-with-the-riaa-170815/

Earlier this year, a group of well-known labels targeted Spinrilla, a popular hip-hop mixtape site and accompanying app with millions of users.

The coalition of record labels including Sony Music, Warner Bros. Records, and Universal Music Group, filed a lawsuit accusing the service of alleged copyright infringements.

Both sides have started the discovery process and recently asked the court to rule on several unresolved matters. The parties begin with their statements of facts, clearly from opposite angles.

The RIAA remains confident that the mixtape site is ripping off music creators and wants its operators to be held accountable.

“Since Spinrilla launched, Defendants have facilitated millions of unauthorized downloads and streams of thousands of Plaintiffs’ sound recordings without Plaintiffs’ permission,” RIAA writes, complaining about “rampant” infringement on the site.

However, Spinrilla itself believes that the claims are overblown. The company points out that the RIAA’s complaint only lists a tiny fraction of all the songs uploaded by its users. These somehow slipped through its Audible Magic anti-piracy filter.

Where the RIAA paints a picture of rampant copyright infringement, the mixtape site stresses that the record labels are complaining about less than 0.001% of all the tracks they ever published.

“From 2013 to the present, Spinrilla users have uploaded about 1 million songs to Spinrilla’s servers and Spinrilla published about 850,000 of those. Plaintiffs are complaining that 210 of those songs are owned by them and published on Spinrilla without permission,” Spinrilla’s lawyers write.

“That means that Plaintiffs make no claim to 99.9998% of the songs on Spinrilla. Plaintiffs’ shouting of ‘rampant infringement on Spinrilla’, an accusation that Spinrilla was designed to allow easy and open access to infringing material, and assertion that ‘Defendants have facilitated millions of unauthorized downloads’ of those 210 songs is untrue – it is nothing more than a wish and a dream.”

The company reiterates that it’s a platform for independent musicians and that it doesn’t want to feature the Eminem’s and Bieber’s of this world, especially not without permission.

As for the discovery process, there are still several outstanding issues they need the Court’s advice on. Spinrilla has thus far produced 12,000 pages of documents and answered all RIAA interrogatories, but refuses to hand over certain information, including its source code.

According to Spinrilla, there is no reason for the RIAA to have access to its “crown jewel.”

“The source code is the crown jewel of any software based business, including Spinrilla. Even worse, Plaintiffs want an ‘executable’ version of Spinrilla’s source code, which would literally enable them to replicate Spinrilla’s entire website. Any Plaintiff could, in hours, delete all references to ‘Spinrilla,’ add its own brand and launch Spinrilla’s exact website.

“If we sued YouTube for hosting 210 infringing videos, would I be entitled to the source code for YouTube? There is simply no justification for Spinrilla sharing its source code with Plaintiffs,” Spinrilla adds.

The RIAA, on the other hand, argues that the source code will provide insight into several critical issues, including Spinrilla’s knowledge about infringing activity and its ability to terminate repeat copyright infringers.

In addition to the source code, the RIAA has also requested detailed information about the site’s users, including their download and streaming history. This request is too broad, the mixtape site argues, and has offered to provide information on the uploaders of the 210 infringing tracks instead.

It’s clear that the RIAA and Spinrilla disagree on various fronts and it will be up to the court to decide what information must be handed over. So far, however, the language used clearly shows that both parties are far from reaching some kind of compromise.

The first joint discovery statement is available in full here (pdf).

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

BREIN is Taking Infamous ‘Piracy’ Hosting Provider Ecatel to Court

Post Syndicated from Andy original https://torrentfreak.com/brein-is-taking-infamous-piracy-hosting-provider-ecatel-to-court-170815/

A regular website can be easily hosted in most countries of the world but when the nature of the project begins to step on toes, opportunities begin to reduce. Openly hosting The Pirate Bay, for example, is something few providers want to get involved with.

There are, however, providers out there who specialize in hosting services that others won’t touch. They develop a reputation of turning a blind eye to their customers’ activities, only reacting when a crisis looms on the horizon. Despite the problems, there are a few that are surprisingly resilient.

One such host is Netherlands-based Ecatel, which has hit the headlines many times over the years for allegedly having customers involved in warez, torrents, and streaming, not to mention spam and malware. For hosting the former group, it’s now in the crosshairs of Dutch anti-piracy group BREIN.

According to an application for a witness hearing filed with The Court of the Hague by BREIN, Ecatel has repeatedly hosted websites dealing in infringing content over recent years. While this is nothing particularly out of the ordinary, BREIN claims that complaints filed against the sites were dealt with slowly by Ecatel or not at all.

Ecatel Ltd is a company incorporated in the UK with servers in the Netherlands but since 2015, another hosting company called Novogara has appeared in tandem. Court documents suggest that Novogara is associated with Ecatel, something that was confirmed early 2016 in an email sent out by Ecatel itself.

“We’d like to inform you that all services of Ecatel Ltd are taken over by a new brand called Novogara Ltd with immediate effect. The take-over includes Ecatel and all her subsidiaries,” the email read.

Muddying the waters a little more, in 2015 Ecatel’s IP addresses were apparently taken over by Quasi Networks Ltd, a Seychelles-based company whose business is described locally as being conducted entirely overseas.

“Stichting BREIN has found several websites in the network of Quasi Networks with obviously infringing content. Quasi Networks, however, does not respond structurally to requests for closing those websites. This involves unlawful acts against the parties associated with the BREIN Foundation,” a ruling from the Court reads.

As a result, BREIN wants a witness hearing with three defendants connected to the Ecatel/Novgara/Quasi group of companies in order to establish the relationship between the businesses, where their servers are, and who is behind Quasi Networks.

“Stichting BREIN is interested in this information in order to be able to judge who it can appeal to and whether it is useful to start a legal procedure,” the Court adds.

Two of the defendants failed to lodge a defense against BREIN’s application but one objected to the request for a hearing. He said that since Quasi Networks, Ecatel and Novogara are all incorporated outside the Netherlands, a trial must also be conducted abroad and therefore a Dutch judge would not have jurisdiction.

He also argued that BREIN would use the witness hearing as a “fishing expedition” in order to gather information it currently does not have, in order to formulate some kind of case against the defendants, in one way or another.

In a decision published this week, The Court of the Hague rejected that argument, noting that the basis for the claim is copyright infringement through Netherlands-hosted websites. Furthermore, the majority of the witnesses are resident in the district of The Hague. It also underlined the importance of a hearing.

“The request for holding a preliminary witness hearing opens an independent petition procedure, which does not address the eligibility of any claim that may be lodged. An investigation must be made by the judge who has to deal with and decide the main case – if it comes.

“The court points out that a preliminary witness hearing is now (partly) necessary to clarify whether and to what extent a claim has any chance of success,” the decision reads.

According to documents published by Companies House in the UK, Ecatel Ltd ceased to exist this morning, having been dissolved at the request of its directors.

The hearing of the witnesses is set to take place on Tuesday, September 26, 2017 at 9.30 in the Palace of Justice at Prince Claus 60 in The Hague.

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

Game of Thrones Pirates Arrested For Leaking Episode Early

Post Syndicated from Andy original https://torrentfreak.com/game-of-thrones-pirates-arrested-for-leaking-episode-early-170814/

Over the past several years, Game of Thrones has become synonymous with fantastic drama and story telling on the one hand, and Internet piracy on the other. It’s the most pirated TV show in history, hands down.

With the new season well underway, another GoT drama began to unfold early August when the then-unaired episode “The Spoils of War” began to circulate on various file-sharing and streaming sites. The leak only trumped the official release by a few days, but that didn’t stop people downloading in droves.

As previously reported, the leaked episode stated that it was “For Internal Viewing Only” at the top of the screen and on the bottom right sported a “Star India Pvt Ltd” watermark. The company commented shortly after.

“We take this breach very seriously and have immediately initiated forensic investigations at our and the technology partner’s end to swiftly determine the cause. This is a grave issue and we are taking appropriate legal remedial action,” a spokesperson said.

Now, just ten days later, that investigation has already netted its first victims. Four people have reportedly been arrested in India for leaking the episode before it aired.

“We investigated the case and have arrested four individuals for unauthorized publication of the fourth episode from season seven,” Deputy Commissioner of Police Akbar Pathan told AFP.

The report indicates that a complaint was filed by a Mumbai-based company that was responsible for storing and processing the TV episodes for an app. It has been named locally as Prime Focus Technologies, which markets itself as a Netflix “Preferred Vendor”.

It’s claimed that at least some of the men had access to login credentials for Game of Thrones episodes which were then abused for the purposes of leaking.

Local media identified the men as Bhaskar Joshi, Alok Sharma and Abhishek Ghadiyal, who were employed by Prime Focus, and Mohamad Suhail, a former employee, who was responsible for leaking the episode onto the Internet.

All of the men were based in Bangalore and were interrogated “throughout the night” at their workplace on August 11. Star India welcomed the arrests and thanked the authorities for their swift action.

“We are deeply grateful to the police for their swift and prompt action. We believe that valuable intellectual property is a critical part of the development of the creative industry and strict enforcement of the law is essential to protecting it,” the company said in a statement.

“We at Star India and Novi Digital Entertainment Private Limited stand committed and ready to help the law enforcement agencies with any technical assistance and help they may require in taking the investigation to its logical conclusion.”

The men will be held in custody until August 21 while investigations continue.

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

DMCA Used to Remove Ad Server URL From Easylist Ad Blocklist

Post Syndicated from Andy original https://torrentfreak.com/dmca-used-to-remove-ad-server-url-from-easylist-ad-blocklist-170811/

The default business model on the Internet is “free” for consumers. Users largely expect websites to load without paying a dime but of course, there’s no such thing as a free lunch. To this end, millions of websites are funded by advertising revenue.

Sensible sites ensure that any advertising displayed is unobtrusive to the visitor but lots seem to think that bombarding users with endless ads, popups, and other hindrances is the best way to do business. As a result, ad blockers are now deployed by millions of people online.

In order to function, ad-blocking tools – such as uBlock Origin or Adblock – utilize lists of advertising domains compiled by third parties. One of the most popular is Easylist, which is distributed by authors fanboy, MonztA, Famlam, and Khrinunder, under dual Creative Commons Attribution-ShareAlike and GNU General Public Licenses.

With the freedom afforded by those licenses, copyright tends not to figure high on the agenda for Easylist. However, a legal problem that has just raised its head is causing serious concern among those in the ad-blocking community.

Two days ago a somewhat unusual commit appeared in the Easylist repo on Github. As shown in the image below, a domain URL previously added to Easylist had been removed following a DMCA takedown notice filed with Github.

Domain text taken down by DMCA?

The DMCA notice in question has not yet been published but it’s clear that it targets the domain ‘functionalclam.com’. A user called ‘ameshkov’ helpfully points out a post by a new Github user called ‘DMCAHelper’ which coincided with the start of the takedown process more than three weeks ago.

A domain in a list circumvents copyright controls?

Aside from the curious claims of a URL “circumventing copyright access controls” (domains themselves cannot be copyrighted), the big questions are (i) who filed the complaint and (ii) who operates Functionalclam.com? The domain WHOIS is hidden but according to a helpful sleuth on Github, it’s operated by anti ad-blocking company Admiral.

Ad-blocking means money down the drain….

If that is indeed the case, we have the intriguing prospect of a startup attempting to protect its business model by using a novel interpretation of copyright law to have a domain name removed from a list. How this will pan out is unclear but a notice recently published on Functionalclam.com suggests the route the company wishes to take.

“This domain is used by digital publishers to control access to copyrighted content in accordance with the Digital Millenium Copyright Act and understand how visitors are accessing their copyrighted content,” the notice begins.

Combined with the comments by DMCAHelper on Github, this statement suggests that the complainants believe that interference with the ad display process (ads themselves could be the “copyrighted content” in question) represents a breach of section 1201 of the DMCA.

If it does, that could have huge consequences for online advertising but we will need to see the original DMCA notice to have a clearer idea of what this is all about. Thus far, Github hasn’t published it but already interest is growing. A representative from the EFF has already contacted the Easylist team, so this battle could heat up pretty quickly.

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

Hotspot Shield VPN Reported to FTC For Alleged Privacy Breaches

Post Syndicated from Andy original https://torrentfreak.com/hotspot-shield-vpn-reported-to-ftc-for-alleged-privacy-breaches-170807/

With online privacy becoming an increasingly hot topic, large numbers of companies are offering products which claim to stop third-parties from snooping on users’ Internet activities.

At the forefront are Virtual Private Networks (VPN), which push consumer traffic through encrypted tunnels and remote servers to hide activity from ISPs while offering varying levels of anonymity.

Claims made by VPN companies are often scrutinized by privacy advocates but if a complaint filed this morning by the Center for Democracy and Technology
(CDT) gains momentum, there could be a government investigation into one of the most popular.

Developed by AnchorFree, Inc. and initially released more than nine years ago, the Hotspot Shield application allows users to connect to a VPN service. According to its makers, it’s been downloaded 75 million times and provides “anonymous web surfing with complete privacy.” That claim, however, is now under the spotlight.

In a complaint filed this morning with the Federal Trade Commission, CDT notes that Hotspot Shield makes “strong claims” about the privacy and security of its data collection and sharing practices, including that it “never logs or stores user data.” Crucially, the company also claims never to track or sell its customers’ information, adding that security and privacy are “guaranteed.”

Countering, CDT says that Hotspot Shield engages in logging practices that contradict its claims, noting that it collects information to “identify [a user’s] general location, improve the Service, or optimize advertisements displayed through the Service.”

The complaint says that IP addresses and unique device identifiers are regularly
collected by Hotspot Shield but the service gets around this issue by classing neither sets of data as personal information.

CDT says it used Carnegie Mellon University’s Mobile App Compliance System to gain insight into Hotspot Shield’s functionality and found problems with privacy.

“CMU’s analysis of Hotspot Shield’s Android application permissions found undisclosed data sharing practices with third party advertising networks,” the group notes.

“While an ad-supported VPN may be beneficial in certain instances, it should not be paired with a product or service that tells users that it ensures anonymity, privacy, and security.”

CDT also says that Hotspot Shield tries to cover its back with a disclaimer that the company “may not provide a virtual IP Address for every web site you may visit and third-party web sites may receive your original IP Address when you are visiting those web sites.” But this runs counter to the stated aim of the service, CDT writes.

Accusing Hotspot Shield of unfair and deceptive trade practices, CDT calls on the Commission to conduct an investigation into its data collection and sharing practices.

Hotspot Shield is yet to respond to the complaint or accusations but in a 2014 blog post, welcomed the FTC’s involvement in online security issues.

Full complaint here, courtesy Ars

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

Court Won’t Drop Case Against Alleged KickassTorrents Owner

Post Syndicated from Ernesto original https://torrentfreak.com/court-wont-drop-case-against-alleged-kickasstorrents-owner-170804/

kickasstorrents_500x500Last summer, Polish law enforcement officers arrested Artem Vaulin, the alleged founder of KickassTorrents.

Polish authorities acted on a criminal complaint from the US Government, which accused Vaulin of criminal copyright infringement and money laundering.

While Vaulin is still awaiting the final decision in his extradition process in Poland, his US counsel tried to have the entire case thrown out with a motion to dismiss submitted to the Illinois District Court late last year.

One of the fundamental flaws of the case, according to the defense, is that torrent files themselves are not copyrighted content. In addition, they argued that any secondary copyright infringement claims would fail as these are non-existent under criminal law.

After a series of hearings and a long wait afterwards, US District Judge John Z. Lee has now issued his verdict (pdf).

In a 28-page memorandum and order, the motion to dismiss was denied on various grounds.

The court doesn’t contest that torrent files themselves are not protected content under copyright law. However, this argument ignores the fact that the files are used to download copyrighted material, the order reads.

“This argument, however, misunderstands the indictment. The indictment is not concerned with the mere downloading or distribution of torrent files,” Judge Lee writes.

“Granted, the indictment describes these files and charges Vaulin with operating a website dedicated to hosting and distributing them. But the protected content alleged to have been infringed in the indictment is a number of movies and other copyright protected media that users of Vaulin’s network purportedly downloaded and distributed..,” he adds.

In addition, the defense’s argument that secondary copyright infringement claims are non-existent under criminal law doesn’t hold either, according to the Judge’s decision.

Vaulin’s defense noted that the Government’s theory could expose other search engines, such as Google, to criminal liability. While this is theoretically possible, the court sees distinct differences and doesn’t aim to rule on all search engines in general.

“For present purposes, though, the Court need not decide whether and when a search engine operator might engage in conduct sufficient to constitute aiding and abetting criminal copyright infringement. The issue here is whether 18 U.S.C. § 2 applies to 17 U.S.C. § 506. The Court is persuaded that it does,” Judge Lee writes.

Based on these and other conclusions, the motion to dismiss was denied. This means that the case will move forward. The next step will be to see how the Polish court rules on the extradition request.

Vaulin’s lead counsel Ira Rothken is disappointed with the outcome. He stresses that while courts commonly construe indictments in a light most favorable to the government, it went too far in this case.

“Currently a person merely ‘making available’ a file on a network in California wouldn’t even be committing a civil copyright infringement under the ruling in Napster but under today’s ruling that same person doing it in Illinois could be criminally prosecuted by the United States,” Rothken informs TorrentFreak.

“If federal judges disagree on the state of the federal copyright law then people shouldn’t be criminally prosecuted absent clarification by Congress,” he adds.

The defense team is still considering the best options for appeal, and whether they want to go down that road. However, Rothken hopes that the Seventh Circuit Court of Appeals will address the issue in the future.

“We hope one day that the Seventh Circuit Court of Appeals will undo this ruling and the chilling effect it will have on internet search engines, user generated content sites, and millions of netizens globally,” Rothken notes.

For now, however, Vaulin’s legal team will likely shift its focus to preventing his extradition to the United States.

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

Linux kernel hardeners Grsecurity sue Bruce Perens (Register)

Post Syndicated from corbet original https://lwn.net/Articles/729805/rss

The Register reports
that the developers of the grsecurity patch set have filed a defamation
suit against Bruce Perens. “A legal complaint filed on behalf of
Grsecurity in San Francisco, California, insists the company’s software
complies with the GPLv2. Grsecurity’s agreement, the lawsuit states, only
applies to future patches, which have yet to be developed. ‘There is no
explicit or implicit term, section, or clause in the GPLv2 that is
applicable over future versions or updates of the Patches that have not yet
been developed, created, or released by [Grsecurity],’ the complaint
contends.

Font Maker Sues Universal Music Over ‘Pirated’ The Vamps Logo

Post Syndicated from Ernesto original https://torrentfreak.com/font-maker-sues-universal-music-over-pirated-the-vamps-logo-170802/

Piracy comes in all shapes and sizes. While record labels regularly see themselves as victims, they can sometimes cross the line as well.

According to HypeForType, which designs, creates, and licenses various custom fonts, this is exactly what record label Universal Music Group did.

The font maker has filed a lawsuit accusing the major label of using its “Nanami Rounded” and “Ebisu Bold” fonts without permission.

The lawsuit centers around fonts used for the logo and merchandise of the popular British band The Vamps. According to a complaint, filed in a New York federal court, Universal failed to obtain a proper license for its use, so they are essentially using pirated fonts.

According to the complaint, designer Stuart Hardie did purchase a basic license in 2013. However, Universal itself hasn’t bought the additional and required license upgrade to use the Nanami Rounded or Ebisu Bold Font Software on a commercial scale.

“Plaintiff requires a license upgrade (‘Special Font License’) for use of its typeface font software in commercial, for-profit usage including, inter alia, on goods for sale,” the complaint reads.

“Upon information and belief, Defendant has used and/or caused others to use unauthorized copies of the Font Software in the creation of The Vamps goods for sale, including, inter alia, clothing, accessories, DVDs, and CDs,” it adds.

HypeForType says that unauthorized use of its font has caused the company significant damages, which it wants to recoup. In addition, the font maker claims any gains and profits Universal made using its fonts.

“At present, the amount of such damages, gains, profits, and advantages cannot be fully ascertained by Plaintiff but are believed to be not less than $1,251,235 together with prejudgment interest and reasonable costs and fees or Statutory Damages under Copyright Law, whichever is greater.”

On top of the damages, HypeForType also requests an injunction preventing Universal, and thus The Vamps, from using the fonts without a proper license. They also want all existing materials, including merchandise, to be destroyed.

While it seems unlikely that The Vamps will stop using their existing logo anytime soon, a substantial settlement might be warranted, if the copyright infringement claims hold up in court. But then again, that’s only fair when you’re ‘stealing’ someone’s work.

—-

A copy of HypeForType’s complaint is available here (pdf).

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

Open and Click Tracking Have Arrived

Post Syndicated from Brent Meyer original https://aws.amazon.com/blogs/ses/open-and-click-tracking-have-arrived/

We’re pleased to announce the addition of open and click tracking metrics to Amazon SES. These metrics will help you measure the effectiveness of the email campaigns you send using Amazon SES.

We’re also adding the ability to publish email sending metrics to Amazon Simple Notification Service (Amazon SNS) using event publishing. This feature gives you greater control over the sending notifications you receive through Amazon SNS.

What’s new in this release?

When you send an email using Amazon SES, we now collect metrics related to opens and clicks. Opens, in this sense, refers to the number of users who successfully received your email and opened it in their email clients; clicks refers to the number of users who received an email and clicked one or more links in it.

Additionally, you can now use event publishing to push email sending notifications—including open and click notifications—using Amazon SNS. Previously, you could send account-level notifications through Amazon SNS. These notifications were pretty limited: you could only receive notifications about bounces, complaints, and deliveries, and you would receive notifications about all of these events across your entire Amazon SES account. Now you can use event publishing to send notifications about deliveries, opens, clicks, bounces, and complaints. Furthermore, you can set up event publishing so that you only receive notifications about emails sent using the configuration sets you specify in those emails.

Why should I use open and click tracking?

Whether you are sending marketing emails, transactional emails, or notifications, you need to know how effective your communications are. The email sending metrics feature of Amazon SES gives you data about entire email response funnel—the total number of emails that were sent, bounced, viewed, and clicked. You can then transform those insights into action.

For example, the open and click tracking feature can help you identify the customers who are most interested in receiving the messages you send. By narrowing down your list of recipients and focusing on your most engaged customers, you can save money (by sending fewer messages), improve the response rates of your marketing campaigns (by targeting only the customers who are most interested in what you have to say), and protect your sender reputation (by reducing the number of bounces and complaints against your sending domain).

How do I enable open and click tracking?

If you’ve set up Sending Metrics in the past, then you can easily add open and click tracking to your existing configuration sets. On the Configuration Sets page, choose the configuration set that contains your sending event destination; edit the event destination, check the boxes for Open and Click (as shown in the image below), and then choose Save.

How does open and click tracking work?

Amazon SES makes very minor changes to your emails in order to make open and click tracking work. At the bottom of each message, we insert a 1 pixel by 1 pixel transparent GIF image. Each email includes a unique link to this image file; when the image is opened, we can tell exactly which message was opened and by whom.

To track clicks, we set up a redirect for each link in the message. When a recipient clicks a link, they are sent to an Amazon SES server, and are immediately forwarded to the destination address. As with open tracking, each of these redirect links is unique, allowing us to easily determine which recipient clicked the link, when they clicked it, and the email from which they arrived at the link.

Can I disable click tracking?

You can disable click tracking by adding a special tag to the anchor tags in your HTML. For example, if you were linking to the AWS home page, a normal anchor link would look something like this:

<a href="https://aws.amazon.com/">Amazon Web Services</a>

To disable click tracking for that same link, you would modify to look like this:

<a ses:no-track href="https://aws.amazon.com/">Amazon Web Services</a>

Because the ses:no-track attribute is non-standard HTML, we automatically remove it from the version of the email that arrives in your recipients’ inboxes.

How do I use event publishing with Amazon SNS?

If you’ve set up event destinations in the past, then the process of setting up an Amazon SNS event destination will be very familiar. You can add an Amazon SNS destination to an existing configuration set, or create a new configuration set that uses Amazon SNS as its event destination. To learn more, see “Set Up an Amazon SNS Event Destination for Amazon SES Event Publishing” in our Developer Guide.

We’re excited about this release. Let us know what you think of these new features in the SES Forum, or in the comments for this post.

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

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

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

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

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

The complaint against TVAddons

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

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

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

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

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

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

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

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

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

The interim injunction and Anton Piller Order

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

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

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

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

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

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

The search and interrogation of TVAddons’ operator

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

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

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

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

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

The Anton Piller controversy

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

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

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

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

Plaintiffs: We want to destroy TVAddons

And the problems continued.

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

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

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

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

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

Evidence preservation? More like a fishing trip

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

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

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

But he was only just getting started.

Plaintiffs unlawfully tried to destroy TVAddons before trial

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

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

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

So why the big turn around?

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

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

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

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

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

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

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

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

The order to return items previously seized

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

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

So the battle continues, and continue it will

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

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

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

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

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

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

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

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

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

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

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

Which Domain Names Are Safe From Copyright Bullies?

Post Syndicated from Ernesto original https://torrentfreak.com/which-domain-names-are-safe-from-copyright-bullies-170728/

There are plenty options for copyright holders to frustrate the operation of pirate sites, but one of the most effective is to attack their domain names.

The strategy has been deployed most famously against The Pirate Bay. Over the past couple of years, the site has lost more than a handful following copyright holder complaints.

While less public, hundreds of smaller sites have suffered the same fate. Sometimes these sites are clear infringers, but in other cases it’s less obvious. In these instances, a simple complaint can also be enough to have a domain name suspended.

Electronic Frontier Foundation (EFF) and Public Knowledge address this ‘copyright bullying’ problem in a newly published whitepaper. According to the digital rights groups, site owners should pick their domain names carefully, and go for a registry that shields website owners from this type of abuse.

“It turns out that not every top-level domain is created equal when it comes to protecting the domain holder’s rights. Depending on where you register your domain, a rival, troll, or officious regulator who doesn’t like what you’re doing with it could wrongly take it away,” the groups warn.

The whitepaper includes a detailed analysis of the policies of various domain name registries. For each, it lists the home country, under which conditions domain names are removed, and whether the WHOIS details of registrants are protected.

When it comes to “copyright bullies,” the digital rights groups highlight the MPAA’s voluntary agreements with the Radix and Donuts registries. The agreement allows the MPAA to report infringing sites directly to the registry. These can then be removed after a careful review but without a court order.

“Our whitepaper illustrates why remedies for copyright infringement on the Internet should not come from the domain name system, and in particular should not be wielded by commercial actors in an unaccountable process. Organizations such as the MPAA are not known for advancing a balanced approach to copyright enforcement,” the EFF explains.

While EFF and Public Knowledge don’t recommend any TLDs in particular, they do signal some that site owners may want to avoid. The Radix and Donuts domain names are obviously not the best choice, in this regard.

“To avoid having your website taken down by your domain registry in response to a copyright complaint, our whitepaper sets out a number of options, including registering in a domain whose registry requires a court order before it will take down a domain, or at the very least one that doesn’t have a special arrangement with the MPAA or another special interest for the streamlined takedown of domains,” the groups write.

Aside from the information gathered in the whitepaper, The Pirate Bay itself has also proven to be an excellent test case of which domain names are most resistant to copyright holder complaints.

In 2015, the notorious torrent site found out that exotic domain names are not always the best option after losing its .GS, .LA, .VG, .AM, .MN, and .GD TLDs in a matter of months. The good old .ORG is still up and running as of today, however, despite being operated by a United States-based registry.

EFF and Public knowledge’s full whitepaper is available here (pdf).

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

Italian ISPs Say New Copyright Amendment Infringes Human Rights

Post Syndicated from Andy original https://torrentfreak.com/italian-isps-say-new-copyright-amendment-infringes-human-rights-170728/

After being spoken of in unfavorable terms by the United States Trade Representative in its Special 301 Reports, Italy achieved a sudden breakthrough in 2014.

“Italy’s removal from the Special 301 List reflects the significant steps the Government of Italy has taken to address the problem of online piracy, and the continued U.S. commitment to meaningful and sustained engagement with our critical partner Italy,” the USTR said in a special announcement.

This praise was in part due to the way Italy promised to deal with online piracy. Instead of legislating to make a piracy crackdown easier, the government handed AGCOM, the Italian Communications Regulatory Authority, the power to deal with infringement based on complaints filed by rightsholders.

Without any need for legal cases or court injunctions, at the end of March 2014, AGCOM was granted the power to have allegedly infringing content removed from sites and to have domains blocked at the ISP level.

Now, just over three years later, AGCOM has been granted even more power. Passed last week, Amendment 1.022 effectively gives AGCOM the power to order sites to not only take allegedly infringing content down but to keep it down permanently, all without intervention from the judiciary.

The decision has provoked a furious response from a body representing the country’s ISPs, which describes the “unconstitutional rules” as a way to protect the economic interests of right holders behind various creative works and live sporting events.

“This measure abolishes procedural safeguards for citizens, imposes interception obligations to Internet providers, and damages consumers by imposing technical measures that will result in increased costs,” the Italian Association of Internet Providers (AIIP) said in a statement.

According to AIIP, it is the judiciary that should have sole power over copyright infringement disputes in Italy. When other bodies such as AGCOM are given control over criminal issues, it represents a violation of both constitutional principles and EU law.

“Any rule that would require Internet Providers to filter and carry out preventive checks – as well as to remove content generated by users without a court order – is in violation of the European Convention on Human Rights, Community legislation on electronic communications services, and case law of the European Court of Justice,” AIIP says.

The ISP body says that AGCOM now possesses discretionary powers that even magistrates do not have, which from a technical perspective includes monitoring, interception, and blocking of user activity, a position that amounts to “gigantic state censorship.”

Only time will tell how the situation pans out but it’s crystal clear that ISPs feel that unlike the views of the copyright industry, their concerns have not been taken into consideration.

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

Surge of Threatening Piracy Letters Concerns Finnish Authorities

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

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

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

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

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

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

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

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

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

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

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

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

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

Pirate Sites Ordered to Pay $1 Million in Damages to ABS-CBN

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-sites-ordered-to-pay-1-million-in-damages-to-abs-cbn-170715/

ABS-CBN, the largest media and entertainment company in the Philippines, has booked another victory in the United States.

This week a federal court in Florida signed a default judgment against 19 websites that offered links to copyright infringing streams of ABS-CBN owned movies.

The lawsuit in question was filed in April and targets cinesilip.net, pinoychannel.co, pinoy-hd.com, and several other streaming portals that specialize in Philippine content. These sites also attract visitors from other countries, including the United States, where they target people of Philippine origin.

“Defendants’ entire Internet-based website businesses amount to nothing more than illegal operations established and operated in order to infringe the intellectual property rights of ABS-CBN and others,” the company wrote in its original complaint.

Despite facing hefty damages, none of the defendants turned up in court. This prompted ABS-CBN to file for a default judgment which was granted this week.

In his verdict, US District Judge Robert Scola Jr orders the 19 websites to pay $1 million in damages each. These damages are not for copyright infringement, as one would expect, but for violating ABS-CBN’s trademark. In addition, four of the defendants received an additional $30,000 in copyright infringement damages on top.

The media giant initially suggested that it would request the maximum of $2 million in trademark infringement damages per site, but has opted go “only” for half.

Part of the order

ABS-CBN’s most recent win follows a pattern of similar verdicts in recent months. The company has managed to score dozens of millions in damages from a wide variety of streaming sites with relative ease.

In addition to the millions of dollars that were awarded, Judge Scola also signed off on a permanent injunction to sign over the websites’ domain names to the media giant.

The question remains, of course, whether the company will ever see a penny in return. Most of the defendants remain unknown and even if they’re identified, most won’t have an extra million lying around.

To increase the chance of seeing something of monetary value in return, ABS-CBN also requested an injunction against the advertisers of several pirate sites in its latest lawsuit. If granted, this would allow the company to claim the pending advertising payouts. However, no such injunction was requested in the current case.

A copy of the default judgement is available abs-default, and a list of all the defendants is available below.

cinesilip.net
pinoychanneltv.me
pinoytambayantv.me
pinoytambayanreplay.net
drembed.com
embeds.me
fullpinoymovies.com
lambingan.ph
magtvna.com
pinoye.com
pinoyteleserye.org
pinoytvnetwork.net
pinoytopmovies.info
teleserye.me
watchpinaytv.com
wildpinoy.net
pinoy-hd.com
pinoytvreplay.ws
pinoychannel.co
wowpinoytambayan.ws
pinoytelebyuwers.se

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

Usenet Provider Giganews Sues Perfect 10 For Fraud, Demands $20m

Post Syndicated from Andy original https://torrentfreak.com/usenet-provider-giganews-sues-perfect-10-for-fraud-demands-20m-170712/

For many years, Perfect 10 went about its business of publishing images of women in print and on the Internet. At some point along the way, however, the company decided that threatening to sue online service providers was more profitable.

Claiming copyright infringement, Perfect 10 took on a number of giants including Google, Amazon, Mastercard, and Visa, not to mention hosting providers such as LeaseWeb and OVH.

With court papers revealing that Perfect 10 owner Norman Zada worked 365 days a year on litigation and that the company acquired copyrights for use in lawsuits, it’s no surprise that around two dozen of Perfect 10’s lawsuits ended in cash settlements and defaults.

With dollar signs in mind, Perfect 10 went after another pretty big fish in 2011. The publisher claimed that Usenet provider Giganews was responsible when its users uploaded Perfect 10 images to the newsgroups. Things did not go well.

In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs. Perfect 10 lost again at the Court of Appeals for the Ninth Circuit.

But even with all of these victories under its belt, Giganews just can’t catch a break.

The company is clearly owed millions but Perfect 10 is refusing to pay up. As a result, this week Giganews filed yet another suit, accusing Perfect 10 and Norman Zada of fraud aimed at depriving Giganews of the amounts laid out by the court.

The claims center around an alleged conspiracy in which Perfect 10 transferred its funds and assets to Zada.

“As of now (over two years since the judgment), Perfect 10 has not voluntarily paid any amount of the judgment,” the complaint begins.

“Instead, Perfect 10, through the unlawful acts of Zada and in conspiracy with him, has intentionally avoided satisfaction of the judgment through a series of fraudulent transfers of Perfect 10’s corporate assets to Zada’s personal possession.”

Giganews says these “illegal and fraudulent” transfers began back in 2014, when Perfect 10 began to realize that the fight against the Usenet provider was going bad.

For example, on November 20, 2014, around six days after the court granted summary judgment in favor of Giganews, Perfect 10 transferred $850,000 to Zada’s personal account. The Perfect 10 owner later told a Judgment Debtor’s Examination that the transfer was made due to the summary judgment orders, a statement that amounts to a confession of fraud, Giganews says.

“We had a settlement of $1.1 million in, I believe, June. I was entitled to that money,” Zada told the hearing. “And after the summary judgment orders were issued, I did not see any point in keeping more cash than we needed in the account.”

Giganews says that Perfect 10 transferred at least $1.75m in cash to Zada.

Then, within weeks of the court ordering Perfect 10 to pay $5.6m in attorneys fees and costs, Giganews says that Zada “fraudulently transferred substantially all
of Perfect 10’s physical assets” to himself for an amount that did not represent their true value.

Those assets included a car, furniture, and computer servers. When Zada was questioned why the transfers took place, he admitted that “it would have been
totally disruptive to have those [assets] seized” in satisfaction of the judgment. Indeed, the complaint alleges that the assets never moved physical location.

Perhaps surprisingly given the judgment, Giganews alleges that Zada continues to run Perfect 10’s business in much the same way as he did before. The company even has copyright infringement litigation underway against AOL in Germany, despite having few assets.

This is made possible, Giganews says, by Perfect 10 calling on assets it previously transferred to Zada. When required by the company, Zada simply “gives” them back.

In summary, Giganews says these transfers display the “badges of fraud” that indicate attempts to “hinder, delay or defraud” creditors, while leaving Perfect 10 practically insolvent.

“As a consequence, Plaintiffs are entitled to a judgment against Defendants, and each of them, in the sum of the unlawfully transferred amounts of at least $1,750,000, or in an amount to be proven at trial, together with interest on that amount at the legal rate of 10% per annum from and after March 24, 2015,” the complaint reads.

But the claim doesn’t stop there. Giganews asks the court to prevent Perfect 10 from transferring any more cash or assets out of Perfect 10 to Zada or anyone acting in concert with him or on his behalf. This is rounded off with a claim for punitive and exemplary damages of $20m to be considered during a jury trial.

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