Tag Archives: complaint

ISP Questions Impartiality of Judges in Copyright Troll Cases

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GoDaddy to Suspend ‘Pirate’ Domain Following Music Industry Complaints

Post Syndicated from Andy original https://torrentfreak.com/godaddy-to-suspend-pirate-domain-following-music-industry-complaints-180601/

Most piracy-focused sites online conduct their business with minimal interference from outside parties. In many cases, a heap of DMCA notices filed with Google represents the most visible irritant.

Others, particularly those with large audiences, can find themselves on the end of a web blockade. Mostly court-ordered, blocking measures restrict the ability of Internet users to visit a site due to ISPs restricting traffic.

In some regions, where copyright holders have the means to do so, they choose to tackle a site’s infrastructure instead, which could mean complaints to webhosts or other service providers. At times, this has included domain registries, who are asked to disable domains on copyright grounds.

This is exactly what has happened to Fox-MusicaGratis.com, a Spanish-language music piracy site that incurred the wrath of IFPI member UNIMPRO – the Peruvian Union of Phonographic Producers.

Pirate music, suspended domain

In a process that’s becoming more common in the region, UNIMPRO initially filed a complaint with the Copyright Commission (Comisión de Derecho de Autor (CDA)) which conducted an investigation into the platform’s activities.

“The CDA considered, among other things, the irreparable damage that would have been caused to the legitimate rights owners, taking into account the large number of users who could potentially have visited said website, which was making available endless musical recordings for commercial purposes, without authorization of the holders of rights,” a statement from CDA reads.

The administrative process was carried out locally with the involvement of the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), an autonomous public body tasked with handling anti-competitive behavior, unfair competition, and intellectual property matters.

Indecopi HQ

The matter was decided in favor of the rightsholders and a subsequent ruling included an instruction for US-based domain name registry GoDaddy to suspend Fox-MusicaGratis.com. According to the copyright protection entity, GoDaddy agreed to comply, to prevent further infringement.

This latest action involving a music piracy site registered with GoDaddy follows on the heels of a similar enforcement process back in March.

Mp3Juices-Download-Free.com, Melodiavip.net, Foxmusica.site and Fulltono.me were all music sites offering MP3 content without copyright holders’ permission. They too were the subject of an UNIMPRO complaint which resulted in orders for GoDaddy to suspend their domains.

In the cases of all five websites, GoDaddy was given the chance to appeal but there is no indication that the company has done so. GoDaddy did not respond to a request for comment.

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

Pirate IPTV Sellers Sign Abstention Agreements Under Pressure From BREIN

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-sellers-sign-abstention-agreement-under-pressure-from-brein-180528/

Earlier this month, Dutch anti-piracy outfit BREIN revealed details of its case against Netherlands-based company Leaper Beheer BV.

BREIN’s complaint, which was filed at the Limburg District Court in Maastricht, claimed that
Leaper sold access to unlicensed live TV streams and on-demand movies. Around 4,000 live channels and 1,000 movies were included in the package, which was distributed to customers in the form of an .M3U playlist.

BREIN said that distribution of the playlist amounted to a communication to the public in contravention of the EU Copyright Directive. In its defense, Leaper argued that it is not a distributor of content itself and did not make anything available that wasn’t already public.

In a detailed ruling the Court sided with BREIN, noting that Leaper communicated works to a new audience that wasn’t taken into account when the content’s owners initially gave permission for their work to be distributed to the public.

The Court ordered Leaper to stop providing access to the unlicensed streams or face penalties of 5,000 euros per IPTV subscription sold, link offered, or days exceeded, to a maximum of one million euros. Further financial penalties were threatened for non-compliance with other aspects of the ruling.

In a fresh announcement Friday, BREIN revealed that three companies and their directors (Leaper included) have signed agreements to cease-and-desist, in order to avert summary proceedings. According to BREIN, the companies are the biggest sellers of pirate IPTV subscriptions in the Netherlands.

In addition to Leaper Beheer BV, Growler BV, DITisTV and their respective directors are bound by a number of conditions in their agreements but primarily to cease-and-desist offering hyperlinks or other technical means to access protected works belonging to BREIN’s affiliates and their members.

Failure to comply with the terms of the agreement will see the companies face penalties of 10,000 euros per infringement or per day (or part thereof).

DITisTV’s former website now appears to sell shoes and a search for the company using Google doesn’t reveal many flattering results. Consumer website Consumentenbond.nl enjoys the top spot with an article reporting that it received 300 complaints about DITisTV.

“The complainants report that after they have paid, they have not received their order, or that they were not given a refund if they sent back a malfunctioning media player. Some consumers have been waiting for their money for several months,” the article reads.

According to the report, DiTisTV pulled the plug on its website last June, probably in response to the European Court of Justice ruling which found that selling piracy-configured media players is illegal.

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

Putin Asked to Investigate Damage Caused By Telegram Web-Blocking

Post Syndicated from Andy original https://torrentfreak.com/putin-asked-to-investigate-damage-caused-by-telegram-web-blocking-180526/

After a Moscow court gave the go-ahead for Telegram to be banned in Russia last month, the Internet became a battleground.

On the instructions of telecoms watchdog Roscomnadzor, ISPs across Russia tried to block Telegram by blackholing millions of IP addresses. The effect was both dramatic and pathetic. While Telegram remained stubbornly online, countless completely innocent services suffered outages as Roscomnadzor charged ahead with its mission.

Over the past several weeks, Roscomnadzor has gone some way to clean up the mess, partly by removing innocent Google and Amazon IP addresses from Russia’s blacklist. However, the collateral damage was so widespread it’s called into question the watchdog’s entire approach to web-blockades and whether they should be carried out at any cost.

This week, thanks to an annual report presented to President Vladimir Putin by business ombudsman Boris Titov, the matter looks set to be escalated. ‘The Book of Complaints and Suggestions of Russian Business’ contains comments from Internet ombudsman Dmitry Marinichev, who says that the Prosecutor General’s Office should launch an investigation into Roscomnadzor’s actions.

Marinichev said that when attempting to take down Telegram using aggressive technical means, Roscomnadzor relied upon “its own interpretation of court decisions” to provide guidance, TASS reports.

“When carrying out blockades of information resources, Roskomnadzor did not assess the related damage caused to them,” he said.

More than 15 million IP addresses were blocked, many of them with functions completely unrelated to the operations of Telegram. Marinichev said that the consequences were very real for those who suffered collateral damage.

“[The blocking led] to a temporary inaccessibility of Internet resources of a number of Russian enterprises in the Internet sector, including several banks and government information resources,” he reported.

In advice to the President, Marinichev suggests that the Prosecutor General’s Office should look into “the legality and validity of Roskomnadzor’s actions” which led to the “violation of availability of information resources of commercial companies” and “threatened the integrity, sustainability, and functioning of the unified telecommunications network of the Russian Federation and its critical information infrastructure.”

Early May, it was reported that in addition to various web services, around 50 VPN, proxy and anonymization platforms had been blocked for providing access to Telegram. In a May 22 report, that number had swelled to more than 80 although 10 were later unblocked after they stopped providing access to the messaging platform.

This week, Roscomnadzor has continued with efforts to block access to torrent and streaming platforms. In a new wave of action, the telecoms watchdog ordered ISPs to block at least 47 mirrors and proxies providing access to previously blocked sites.

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

Despite US Criticism, Ukraine Cybercrime Chief Receives Few Piracy Complaints

Post Syndicated from Andy original https://torrentfreak.com/despite-us-criticism-ukraine-cybercrime-chief-receives-few-piracy-complaints-180522/

On a large number of occasions over the past decade, Ukraine has played host to some of the world’s largest pirate sites.

At various points over the years, The Pirate Bay, KickassTorrents, ExtraTorrent, Demonoid and raft of streaming portals could be found housed in the country’s data centers, reportedly taking advantage of laws more favorable than those in the US and EU.

As a result, Ukraine has been regularly criticized for not doing enough to combat piracy but when placed under pressure, it does take action. In 2010, for example, the local government expressed concerns about the hosting of KickassTorrents in the country and in August the same year, the site was kicked out by its host.

“Kickasstorrents.com main web server was shut down by the hosting provider after it was contacted by local authorities. One way or another I’m afraid we must say goodbye to Ukraine and move the servers to other countries,” the site’s founder told TF at the time.

In the years since, Ukraine has launched sporadic action against pirate sites and has taken steps to tighten up copyright law. The Law on State Support of Cinematography came into force during April 2017 and gave copyright owners new tools to combat infringement by forcing (in theory, at least) site operators and web hosts to respond to takedown requests.

But according to the United States and Europe, not enough is being done. After the EU Commission warned that Ukraine risked damaging relations with the EU, last September US companies followed up with another scathing attack.

In a recommendation to the U.S. Government, the IIPA, which counts the MPAA, RIAA, and ESA among its members, asked U.S. authorities to suspend or withdraw Ukraine’s trade benefits until the online piracy situation improves.

“Legislation is needed to institute proper notice and takedown provisions, including a requirement that service providers terminate access to individuals (or entities) that have repeatedly engaged in infringement, and the retention of information for law enforcement, as well as to provide clear third party liability regarding ISPs,” the IIPA wrote.

But amid all the criticism, Ukraine cyber police chief Sergey Demedyuk says that while his department is committed to tackling piracy, it can only do so when complaints are filed with him.

“Yes, we are engaged in piracy very closely. The problem is that piracy is a crime of private accusation. So here we deal with them only in cases where we are contacted,” Demedyuk said in an Interfax interview published yesterday.

Surprisingly, given the number of dissenting voices, it appears that complaints about these matters aren’t exactly prevalent. So are there many at all?

“Unfortunately, no. In the media, many companies claim that their rights are being violated by pirates. But if you count the applications that come to us, they are one,” Demedyuk reveals.

“In general, we are handling Ukrainian media companies, who produce their own product and are worried about its fate. Also on foreign films, the ‘Anti-Piracy Agency’ refers to us, but not as intensively as before.”

Why complaints are going down, Demedyuk does not know, but when his unit is asked to take action it does so, he claims. Indeed, Demedyuk cites two particularly significant historical operations against a pair of large ‘pirate’ sites.

In 2012, Ukraine shut down EX.ua, a massive cyberlocker site following a six-month investigation initiated by international tech companies including Microsoft, Graphisoft and Adobe. Around 200 servers were seized, together hosting around 6,000 terabytes of data.

Then in November 2016, following a complaint from the MPAA, police raided FS.to, one of Ukraine’s most popular pirate sites. Initial reports indicated that 60 servers were seized and 19 people were arrested.

“To see the effect of combating piracy, this should not be done at the level of cyberpolicy, but at the state level,” Demedyuk advises.

“This requires constant close interaction between law enforcement agencies and rights holders. Only by using all these tools will we be able to effectively counteract copyright infringements.”

Meanwhile, the Office of the United States Trade Representative has maintained Ukraine’s position on the Priority Watchlist of its latest Special 301 Report and there a no signs it will be leaving anytime soon.

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

Roku Displays FBI Anti-Piracy Warning to Legitimate YouTube & Netflix Users

Post Syndicated from Andy original https://torrentfreak.com/roku-displays-fbi-anti-piracy-warning-to-legitimate-youtube-netflix-users-180516/

In 2018, dealing with copyright infringement claims is a daily issue for many content platforms. The law in many regions demands swift attention and in order to appease copyright holders, most platforms are happy to oblige.

While it’s not unusual for ‘pirate’ content and services to suddenly disappear in response to a DMCA or similar notice, the same is rarely true for entire legitimate services.

But that’s what appeared to happen on the Roku platform during the night, when YouTube, Netflix and other channels disappeared only to be replaced with an ominous anti-piracy warning.

As the embedded tweet shows, the message caused confusion among Roku users who were only using their devices to access legal content. Messages replacing Netflix and YouTube seemed to have caused the greatest number of complaints but many other services were affected.

FoxSportsGo, FandangoNow, and India-focused YuppTV and Hotstar were also blacked out. As were the yoga and transformational videos specialists over at Gaia, the horror buffs at ChillerFlix, and UK TV service BritBox.

But while users scratched their heads, with some misguidedly blaming Roku for not being diligent enough against piracy, Roku took to Twitter to reveal that rather than anti-piracy complaints against the channels in question, a technical hitch was to blame.

However, a subsequent statement to CNET suggested that while blacking out Netflix and YouTube might have been accidental, Roku appears to have been taking anti-piracy action against another channel or channels at the time, with the measures inadvertently spilling over to innocent parties.

“We use that warning when we detect content that has violated copyright,” Roku said in a statement.

“Some channels in our Channel Store displayed that message and became inaccessible after Roku implemented a targeted anti-piracy measure on the platform.”

The precise nature of the action taken by Roku is unknown but it’s clear that copyright infringement is currently a hot topic for the platform.

Roku is currently fighting legal action in Mexico which ordered its products off the shelves following complaints that its platform is used by pirates. That led to an FBI warning being shown for what was believed to be the first time against the XTV and other channels last year.

This March, Roku took action against the popular USTVNow channel following what was described as a “third party” copyright infringement complaint. Just a couple of weeks later, Roku followed up by removing the controversial cCloud channel.

With Roku currently fighting to have sales reinstated in Mexico against a backdrop of claims that up to 40% of its users are pirates, it’s unlikely that Roku is suddenly going to go soft on piracy, so more channel outages can be expected in the future.

In the meantime, the scary FBI warnings of last evening are beginning to fade away (for legitimate channels at least) after the company issued advice on how to fix the problem.

“The recent outage which affected some channels has been resolved. Go to Settings > System > System update > Check now for a software update. Some channels may require you to log in again. Thank you for your patience,” the company wrote in an update.

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

Police Launch Investigation into Huge Pirate Manga Site Mangamura

Post Syndicated from Andy original https://torrentfreak.com/police-launch-investigation-into-huge-pirate-manga-site-mangamura-180514/

Back in March, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the government was considering measures to prohibit access to pirate sites.

While protecting all content is the overall aim, it became clear that the government was determined to protect Japan’s successful manga and anime industries.

It didn’t take long for a reaction. On Friday April 13, the government introduced emergency website blocking measures, seeking cooperation from the country’s ISPs.

NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., quickly announced they would block three leading pirate sites – Mangamura, AniTube! and MioMio which have a huge following in Japan. However, after taking the country by storm during the past two years, Mangamura had already called it quits.

On April 17, in the wake of the government announcement, Mangamura disappeared. It’s unclear whether its vanishing act was directly connected to recent developments but a program on national public broadcasting organization NHK, which claimed to have traced the site’s administrators back to the United States, Ukraine, and other regions, can’t have helped.

Further details released this morning reveal the intense pressure Mangamura was under. With 100 million visits a month it was bound to attract attention and according to Mainichi, several publishing giants ran out of patience last year and reported the platform to the authorities.

Kodansha, Japan’s largest publisher, and three other companies filed criminal complaints with Fukuoka Prefectural Police, Oita Prefectural Police, and other law enforcement departments, claiming the site violated their rights.

“The complaints, which were lodged against an unknown suspect or suspects, were filed on behalf of manga artists who are copyright holders to the pirated works, including Hajime Isayama and Eiichiro Oda, known for their wildly popular ‘Shingeki no Kyojin’ (‘Attack on Titan,’ published by Kodansha) and ‘One Piece’ (Shueisha Inc.), respectively,” the publication reports.

Mangamura launch in January 2016 and became a huge hit in Japan. Anti-piracy group Content Overseas Distribution Association (CODA), which counts publishing giant Kodansha among its members, reports that between September 2017 and February 2018, the site was accessed 620 million times.

Based on a “one visit, one manga title read” formula, CODA estimates that the site caused damages to the manga industry of 319.2 billion yen – around US$2.91 billion.

As a result, police are now stepping up their efforts to identify Mangamura’s operators. Whether that will prove fruitful will remain to be seen but in the meantime, Japan’s site-blocking efforts continue to cause controversy.

As reported last month, lawyer and NTT customer Yuichi Nakazawa launched legal action against NTT, demanding that the corporation immediately end its site-blocking operations.

“NTT’s decision was made arbitrarily on the site without any legal basis. No matter how legitimate the objective of copyright infringement is, it is very dangerous,” Nakazawa told TorrentFreak.

“I felt that ‘freedom,’ which is an important value of the Internet, was threatened. Actually, when the interruption of communications had begun, the company thought it would be impossible to reverse the situation, so I filed a lawsuit at this stage.”

Japan’s Constitution and its Telecommunications Business Act both have “no censorship” clauses, meaning that site-blocking has the potential to be ruled illegal. It’s also illegal in Japan to invade the privacy of Internet users’ communications, which some observers have argued is necessary if users are to be prevented from accessing pirate sites.

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

Court Orders Pirate IPTV Linker to Shut Down or Face Penalties Up to €1.25m

Post Syndicated from Andy original https://torrentfreak.com/court-orders-pirate-iptv-linker-to-shut-down-or-face-penalties-up-to-e1-25m-180911/

There are few things guaranteed in life. Death, taxes, and lawsuits filed regularly by Dutch anti-piracy outfit BREIN.

One of its most recent targets was Netherlands-based company Leaper Beheer BV, which also traded under the names Flickstore, Dump Die Deal and Live TV Store. BREIN filed a complaint at the Limburg District Court in Maastricht, claiming that Leaper provides access to unlicensed live TV streams and on-demand movies.

The anti-piracy outfit claimed that around 4,000 live channels were on offer, including Fox Sports, movie channels, commercial and public channels. These could be accessed after the customer made a payment which granted access to a unique activation code which could be entered into a set-top box.

BREIN told the court that the code returned an .M3U playlist, which was effectively a hyperlink to IPTV channels and more than 1,000 movies being made available without permission from their respective copyright holders. As such, this amounted to a communication to the public in contravention of the EU Copyright Directive, BREIN argued.

In its defense, Leaper said that it effectively provided a convenient link-shortening service for content that could already be found online in other ways. The company argued that it is not a distributor of content itself and did not make available anything that wasn’t already public. The company added that it was completely down to the consumer whether illegal content was viewed or not.

The key question for the Court was whether Leaper did indeed make a new “communication to the public” under the EU Copyright Directive, a standard the Court of Justice of the European Union (CJEU) says should be interpreted in a manner that provides a high level of protection for rightsholders.

The Court took a three-point approach in arriving at its decision.

  • Did Leaper act in a deliberate manner when providing access to copyright content, especially when its intervention provided access to consumers who would not ordinarily have access to that content?
  • Did Leaper communicate the works via a new method to a new audience?
  • Did Leaper have a profit motive when it communicated works to the public?
  • The Court found that Leaper did communicate works to the public and intervened “with full knowledge of the consequences of its conduct” when it gave its customers access to protected works.

    “Access to [the content] in a different way would be difficult for those customers, if Leaper were not to provide its services in question,” the Court’s decision reads.

    “Leaper reaches an indeterminate number of potential recipients who can take cognizance of the protected works and form a new audience. The purchasers who register with Leaper are to be regarded as recipients who were not taken into account by the rightful claimants when they gave permission for the original communication of their work to the public.”

    With that, the Court ordered Leaper to cease-and-desist facilitating access to unlicensed streams within 48 hours of the judgment, with non-compliance penalties of 5,000 euros per IPTV subscription sold, link offered, or days exceeded, to a maximum of one million euros.

    But the Court didn’t stop there.

    “Leaper must submit a statement audited by an accountant, supported by (clear, readable copies of) all relevant documents, within 12 days of notification of this judgment of all the relevant (contact) details of the (person or legal persons) with whom the company has had contact regarding the provision of IPTV subscriptions and/or the provision of hyperlinks to sources where films and (live) broadcasts are evidently offered without the permission of the entitled parties,” the Court ruled.

    Failure to comply with this aspect of the ruling will lead to more penalties of 5,000 euros per day up to a maximum of 250,000 euros. Leaper was also ordered to pay BREIN’s costs of 20,700 euros.

    Describing the people behind Leaper as “crooks” who previously sold media boxes with infringing addons (as previously determined to be illegal in the Filmspeler case), BREIN chief Tim Kuik says that a switch of strategy didn’t help them evade the law.

    “[Leaper] sold a link to consumers that gave access to unauthorized content, i.e. pay-TV channels as well as video-on-demand films and series,” BREIN chief Tim Kuik informs TorrentFreak.

    “They did it for profit and should have checked whether the content was authorized. They did not and in fact were aware the content was unauthorized. Which means they are clearly infringing copyright.

    “This is evident from the CJEU case law in GS Media as well as Filmspeler and The Pirate Bay, aka the Dutch trilogy because the three cases came from the Netherlands, but these rulings are applicable throughout the EU.

    “They just keep at it knowing they’re cheating and we’ll take them to the cleaners,” Kuik concludes.

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

    Developer Accidentally Makes Available 390,000 ‘Pirated’ eBooks

    Post Syndicated from Andy original https://torrentfreak.com/developer-accidentally-makes-available-390000-pirated-ebooks-180509/

    Considering the effort it takes to set one up, pirate sites are clearly always intentional. One doesn’t make available hundreds of thousands of potentially infringing works accidentally.

    Unless you’re developer Nick Janetakis, that is.

    “About 2 years ago I was recording a video course that dealt with setting up HTTPS on a domain name. In all of my courses, I make sure to ‘really’ do it on video so that you can see the entire process from end to end,” Nick wrote this week.

    “Back then I used nickjanetakis.com for all of my courses, so I didn’t have a dedicated domain name for the course I was working on.”

    So instead, Nick set up an A record to point ssl.nickjanetakis.com to a DigitalOcean droplet (a cloud server) so anyone accessing the sub-domain could access the droplet (and his content) via his sub-domain.

    That was all very straightforward and all Nick needed to do was delete the A record after he was done to ensure that he wasn’t pointing to someone else’s IP address when the droplet was eventually allocated to someone else. But he forgot, with some interesting side effects that didn’t come to light until years later.

    “I have Google Alerts set up so I get emailed when people link to my site. A few months ago I started to receive an absurd amount of notifications, but I ignored them. I chalked it up to ‘Google is probably on drugs’,” Nick explains.

    However, the developer paid more attention when he received an email from a subscriber to his courses who warned that Nick’s site might have been compromised. A Google search revealed a worrying amount of apparently unauthorized eBook content being made available via Nick’s domain.

    350,000 items? Whoops! (credit: Nick Janetakis)

    Of course, Nick wasn’t distributing any content himself, but as far as Google was concerned, his domain was completely responsible. For confirmation, TorrentFreak looked up Nick’s domain on Google’s Transparency report and found at least nine copyright holders and two reporting organizations complaining of copyright infringement.

    “No one from Google contacted me and none of the copyright infringement people reached out to me. I wish they would have,” Nick told us.

    The earliest complaint was filed with Google on April 22, 2018, suggesting that the IP address/domain name collision causing the supposed infringement took place fairly recently. From there came a steady flow of reports, but not the tidal wave one might have expected given the volume of results.

    Complaints courtesy of LumenDatabase.org

    A little puzzled, TorrentFreak asked Nick if he’d managed to find out from DigitalOcean which pirates had been inadvertently using his domain. He said he’d asked, but the company wouldn’t assist.

    “I asked DigitalOcean to get the email contact of the person who owned the IP address but they denied me. I just wanted to know for my own sanity,” he says.

    With results now dropping off Google very quickly, TF carried out some tests using Google’s cache. None of the tests led us to any recognizable pirate site but something was definitely amiss.

    The ‘pirate’ links (which can be found using a ‘site:ssl.nickjanetakis.com’ search in Google) open documents (sample) which contain links to the domain BookFreeNow.com, which looks very much like a pirate site but suggests it will only hand over PDF files after the user joins up, ostensibly for free.

    However, experience with this kind of platform tells us that eventually, there would probably be some kind of cost involved, if indirect.



    So, after clicking the registration link (or automatically, if you wait a few seconds) we weren’t entirely shocked when we were redirected briefly to an affiliate site that pays generously. From there we were sent to an advert server which caused a MalwareBytes alert, which was enough for us to back right out of there.

    While something amazing might have sat behind the doors of BookFreeNow, we suspect that rather than being a regular pirate site, it’s actually set up to give the impression of being one, in order to generate business in other ways.

    Certainly, copyright holders are suspicious of it, and have sent numerous complaints to Google.

    In any event, Nick Janetakis should be very grateful that his domain is no longer connected to the platform since a basic pirate site, while troublesome, would be much more straightforward to explain. In the meantime, Nick has some helpful tips on how to avoid such a situation in the future.

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

    Reddit Repeat Infringer Policy Shuts Down Megalinks Piracy Sub

    Post Syndicated from Andy original https://torrentfreak.com/reddit-repeat-infringer-policy-shuts-down-megalinks-piracy-sub-180430/

    Without doubt, Reddit is one of the most popular sites on the entire Internet. At the time of writing it’s the fourth most visited site in the US with 330 million users per month generating 14 billion screenviews.

    The core of the site’s success is its communities. Known as ‘sub-Reddits’ or just ‘subs’, there are currently 138,000 of them dedicated to every single subject you can think of and tens of thousands you’d never considered.

    Even though they’re technically forbidden, a small but significant number are dedicated to piracy, offering links to copyright-infringing content hosted elsewhere. One of the most popular is /r/megalinks, which is dedicated to listing infringing content (mainly movies and TV shows) uploaded to file-hosting site Mega.

    Considering its activities, Megalinks has managed to stay online longer than most people imagined but following an intervention from Reddit, the content indexing sub has stopped accepting new submissions, which will effectively shut it down.

    In an announcement Sunday, the sub’s moderators explained that following a direct warning from Reddit’s administrators, the decision had been taken to move on.

    “As most of you know by now, we’ve had to deal with a lot of DMCA takedowns over the last 6 months. Everyone knew this day would come, eventually, and its finally here,” they wrote.

    “We received a formal warning from Reddit’s administration 2 days ago, and have decided to restrict new submissions for the safety of the subreddit.”

    The message from Reddit’s operators makes it absolutely clear that Reddit isn’t the platform to host what amounts to a piracy links forum.

    “This is an official warning from Reddit that we are receiving too many copyright infringement notices about material posted to your community. We will be required to ban this community if you can’t adequately address the problem,” the warning reads.

    Noting that Redditors aren’t allowed to post content that infringes copyrights, the administrators say they are required by law to handle DMCA notices and that in cases where infringement happens on multiple occasions, that needs to be handled in a more aggressive manner.

    “The law also requires us to issue bans in cases of repeat infringement. Sometimes a repeat infringement problem is limited to just one user and we ban just that person. Other times the problem pervades a whole community and we ban the community,” the admins continue.

    “This is our formal warning about repeat infringement in this community. Over the past three months we’ve had to remove material from the community in response to copyright notices 60 times. That’s an unusually high number taking into account the community’s size.

    The warning suggests ways to keep infringing content down but in a sub dedicated to piracy, they’re all completely irrelevant. It also suggests removing old posts to ensure that Reddit doesn’t keep getting notices, but that would mean deleting pretty much everything. Backups exist but a simple file is a poor substitute for a community.

    So, with Reddit warning that without change the sub will be banned, the moderators of /r/megalinks have decided to move on to a new home. Reportedly hosted ‘offshore’, their new forum already has more than 9,800 members and is likely to grow quickly as the word spreads.

    A month ago, the /r/megaporn sub-Reddit suffered a similar fate following a warning from Reddit’s admins. It successfully launched a new external forum which is why the Megalinks crew decided on the same model.

    “[A]fter seeing how /r/megaporn approached the same situation, we had started working on an offshore forum a week ago in anticipation of the ban. This allows us to work however we want, without having to deal with Reddit’s policies and administration,” the team explain.

    Ever since the BMG v Cox case went bad ways for the ISP in 2015, repeat infringer policies have become a very hot topic in the US. That Reddit is now drawing a line in the sand over a relatively small number of complaints (at least compared to other similar platforms) is clear notice that Reddit and blatant piracy won’t be allowed to walk hand in hand.

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

    Former Judge Accuses IP Court of Using ‘Pirate’ Microsoft Software

    Post Syndicated from Andy original https://torrentfreak.com/former-judge-accuses-ip-court-of-using-pirate-microsoft-software-180429/

    While piracy of movies, TV shows, and music grabs most of the headlines, software piracy is a huge issue, from both consumer and commercial perspectives.

    For many years, software such as Photoshop has been pirated on a grand scale and around the world, millions of computers rely on cracked and unlicensed copies of Microsoft’s Windows software.

    One of the key drivers of this kind of piracy is the relative expense of software. Open source variants are nearly always available but big brand names always seem more popular due to their market penetration and perceived ease of use.

    While using pirated software very rarely gets individuals into trouble, the same cannot be said of unlicensed commercial operators. That appears to be the case in Russia where somewhat ironically the Court for Intellectual Property Rights stands accused of copyright infringement.

    A complaint filed by the Paragon law firm at the Prosecutor General’s Office of the Court for Intellectual Property Rights (CIP) alleges that the Court is illegally using Microsoft software, something which has the potential to affect the outcome of court cases involving the US-based software giant.

    Paragon is representing Alexander Shmuratov, who is a former Assistant Judge at the Court for Intellectual Property Rights. Shmuratov worked at the Court for several years and claims that the computers there were being operated with expired licenses.

    Shmuratov himself told Kommersant that he “saw the notice of an activation failure every day when using MS Office products” in intellectual property court.

    A representative of the Prosecutor General’s Office confirmed that a complaint had been received but said it had been forwarded to the Ministry of Internal Affairs.

    In respect of the counterfeit software claims, CIP categorically denies the allegations. CIP says that licenses for all Russian courts were purchased back in 2008 and remained in force until 2011. In 2013, Microsoft agreed to an extension.

    Only adding more intrigue to the story, CIP Assistant chairman Catherine Ulyanova said that the initator of the complaint, former judge Alexander Shmuratov, was dismissed from the CIP because he provided false information about income. He later mounted a challenge against his dismissal but was unsuccessful.

    Ulyanova said that Microsoft licensed all courts from 2006 for use of Windows and MS Office. The licenses were acquired through a third-party company and more licenses than necessary were purchased, with some licenses being redistributed for use by CIP in later years with the consent of Microsoft.

    Kommersant was unable to confirm how licenses were paid for beyond December 2011 but apparently an “official confirmation letter from the Irish headquarters of Microsoft, which does not object to the transfer of CIP licenses” had been sent to the Court.

    Responding to Shmuratov’s allegations that software he used hadn’t been activated, Ulyanova said that technical problems had no relationship with the existence of software licenses.

    The question of whether the Court is properly licensed will be determined at a later date but observers are already raising questions concerning CIP’s historical dealings with Microsoft not only in terms of licensing, but in cases it handled.

    In the period 2014-2017, the Court for Intellectual Property Rights handled around 80 cases involving Microsoft and claims of between 50 thousand ($800) and several million rubles.

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

    ISP Sued For Breaching User Privacy After Blocking Pirate Sites

    Post Syndicated from Andy original https://torrentfreak.com/isp-sued-for-breaching-user-privacy-after-blocking-pirate-sites-180428/

    After hinting at moves to curb online piracy last month, on April 13 the Japanese government announced
    emergency measures to target websites hosting pirated manga, anime and other types of content.

    In common with dozens of counterparts around the world, the government said it favored site-blocking as the first line of defense. However, with no specific legislation to fall back on, authorities asked local ISPs if they’d come along for the ride voluntarily. On Monday, the Nippon Telegraph and Telephone Corp. (NTT) announced that it would.

    “We have taken short-term emergency measures until legal systems on site-blocking are implemented,” NTT in a statement.

    NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., said they would target three sites highlighted by the government – Mangamura, AniTube! and MioMio – which together have a huge following in Japan.

    The service providers added that at least in the short-term, they would prevent access to the sites using DNS blocking and would restrict access to other sites if requested to do so by the government. But, just a few days on, NTT is already facing problems.

    Lawyer Yuichi Nakazawa has now launched legal action against NTT, demanding that the corporation immediately ends its site-blocking operations.

    The complaint, filed at the Tokyo District Court, notes that the lawyer uses an Internet connection provided by NTT. Crucially, it also states that in order to block access to the sites in question, NTT would need to spy on customers’ Internet connections to find out if they’re trying to access the banned sites.

    The lawyer informs TorrentFreak that the ISP’s decision prompted him into action.

    “NTT’s decision was made arbitrarily on the site without any legal basis. No matter how legitimate the objective of copyright infringement is, it is very dangerous,” Nakazawa explains.

    “I felt that ‘freedom,’ which is an important value of the Internet, was threatened. Actually, when the interruption of communications had begun, the company thought it would be impossible to reverse the situation, so I filed a lawsuit at this stage.”

    Breaches of privacy could present a significant problem under Japanese law. The Telecommunications Business Act guarantees privacy of communications and prevents censorship, as does Article 21 of the Constitution.

    “The secrecy of communications being handled by a telecommunications carrier shall not be violated,” the Telecommunications Business Act states, adding that “no communications being handled by a telecommunications carrier shall be censored.”

    The Constitution is also clear, stating that “no censorship shall be maintained, nor shall the secrecy of any means of communication be violated.”

    For his part, lawyer Yuichi Nakazawa is also concerned that his contract with the ISP is being breached.

    “There is an Internet connection agreement between me and NTT. I am a customer of NTT. There is no provision in the contract between me and NTT to allow arbitrary interruption of communications,” he explains.

    Nakazawa doesn’t appear to be against site-blocking per se, he’s just concerned that relevant laws and agreements are being broken.

    “It is necessary to restrict sites of pirated publications but that does not mean you can do anything,” Nakazawa said, as quoted by Mainichi. “We should have sufficient discussions for an appropriate measure, including revising the law.”

    The question of whether site-blocking does indeed represent an invasion of privacy will probably come down to how the ISP implements it and how that is interpreted by the courts.

    A source familiar with the situation told TF that spying on user connections is clearly a problem but the deployment of an outer network firewall rule that simply prevents traffic passing through might be viewed differently.

    Such a rule would provide no secret or private information that wasn’t already available to the ISP when the customer requested a banned site through a web browser, although it still falls foul of the “no censorship” requirements of both the Constitution and Telecommunications Business Act.

    NTT Communications has declined to comment on the lawsuit but says it had no plans to backtrack on plans to block the sites. Earlier this week, SoftBank Corp., another ISP considering a blockade, expressed concerns that site-blocking has the potential to infringe secrecy of communications rules.

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

    Registrars Suspend 11 Pirate Site Domains, 89 More in the Crosshairs

    Post Syndicated from Andy original https://torrentfreak.com/registrars-suspend-11-pirate-site-domains-89-more-in-the-crosshairs-180423/

    In addition to website blocking which is running rampant across dozens of countries right now, targeting the domains of pirate sites is considered to be a somewhat effective anti-piracy tool.

    The vast majority of websites are found using a recognizable name so when they become inaccessible, site operators have to work quickly to get the message out to fans. That can mean losing visitors, at least in the short term, and also contributes to the rise of copy-cat sites that may not have users’ best interests at heart.

    Nevertheless, crime-fighting has always been about disrupting the ability of the enemy to do business so with this in mind, authorities in India began taking advice from the UK’s Police Intellectual Property Crime Unit (PIPCU) a couple of years ago.

    After studying the model developed by PIPCU, India formed its Digital Crime Unit (DCU), which follows a multi-stage plan.

    Initially, pirate sites and their partners are told to cease-and-desist. Next, complaints are filed with advertisers, who are asked to stop funding site activities. Service providers and domain registrars also receive a written complaint from the DCU, asking them to suspend services to the sites in question.

    Last July, the DCU earmarked around 9,000 sites where pirated content was being made available. From there, 1,300 were placed on a shortlist for targeted action. Precisely how many have been contacted thus far is unclear but authorities are now reporting success.

    According to local reports, the Maharashtra government’s Digital Crime Unit has managed to have 11 pirate site domains suspended following complaints from players in the entertainment industry.

    As is often the case (and to avoid them receiving even more attention) the sites in question aren’t being named but according to Brijesh Singh, special Inspector General of Police in Maharashtra, the sites had a significant number of visitors.

    Their domain registrars were sent a notice under Section 149 of the Code Of Criminal Procedure, which grants police the power to take preventative action when a crime is suspected. It’s yet to be confirmed officially but it seems likely that pirate sites utilizing local registrars were targeted by the authorities.

    “Responding to our notice, the domain names of all these websites, that had a collective viewership of over 80 million, were suspended,” Singh said.

    Laxman Kamble, a police inspector attached to the state government’s Cyber Cell, said the pilot project was launched after the government received complaints from Viacom and Star but back in January there were reports that the MPAA had also become involved.

    Using the model pioneered by London’s PIPCU, 19 parameters were applied to list of pirate sites in order to place them on the shortlist. They are reported to include the type of content being uploaded, downloaded, and the number of downloads overall.

    Kamble reports that a further 89 websites, that have domains registered abroad but are very popular in India, are now being targeted. Whether overseas registrars will prove as compliant will remain to be seen. After booking initial success, even PIPCU itself experienced problems keeping up the momentum with registrars.

    In 2014, information obtained by TorrentFreak following a Freedom of Information request revealed that only five out of 70 domain registrars had complied with police requests to suspend domains.

    A year later, PIPCU confirmed that suspending pirate domain names was no longer a priority for them after ICANN ruled that registrars don’t have to suspend domain names without a valid court order.

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

    Russia Blacklists 250 Pirate Sites For Displaying Gambling Ads

    Post Syndicated from Andy original https://torrentfreak.com/russia-blacklists-250-pirate-sites-for-displaying-gambling-ads-180421/

    Blocking alleged pirate sites is usually a question of proving that they’re involved in infringement and then applying to the courts for an injunction.

    In Europe, the process is becoming easier, largely thanks to an EU ruling that permits blocking on copyright grounds.

    As reported over the past several years, Russia is taking its blocking processes very seriously. Copyright holders can now have sites blocked in just a few days, if they can show their operators as being unresponsive to takedown demands.

    This week, however, Russian authorities have again shown that copyright infringement doesn’t have to be the only Achilles’ heel of pirate sites.

    Back in 2006, online gambling was completely banned in Russia. Three years later in 2009, land-based gambling was also made illegal in all but four specified regions. Then, in 2012, the Russian Supreme Court ruled that ISPs must block access to gambling sites, something they had previously refused to do.

    That same year, telecoms watchdog Rozcomnadzor began publishing a list of banned domains and within those appeared some of the biggest names in gambling. Many shut down access to customers located in Russia but others did not. In response, Rozcomnadzor also began targeting sites that simply offered information on gambling.

    Fast forward more than six years and Russia is still taking a hard line against gambling operators. However, it now finds itself in a position where the existence of gambling material can also assist the state in its quest to take down pirate sites.

    Following a complaint from the Federal Tax Service of Russia, Rozcomnadzor has again added a large number of ‘pirate’ sites to the country’s official blocklist after they advertised gambling-related products and services.

    “Rozkomnadzor, at the request of the Federal Tax Service of Russia, added more than 250 pirate online cinemas and torrent trackers to the unified register of banned information, which hosted illegal advertising of online casinos and bookmakers,” the telecoms watchdog reported.

    Almost immediately, 200 of the sites were blocked by local ISPs since they failed to remove the advertising when told to do so. For the remaining 50 sites, breathing space is still available. Their bans can be suspended if the offending ads are removed within a timeframe specified by the authorities, which has not yet run out.

    “Information on a significant number of pirate resources with illegal advertising was received by Rozcomnadzor from citizens and organizations through a hotline that operates on the site of the Unified Register of Prohibited Information, all of which were sent to the Federal Tax Service for making decisions on restricting access,” the watchdog revealed.

    Links between pirate sites and gambling companies have traditionally been close over the years, with advertising for many top-tier brands appearing on portals large and small. However, in recent times the prevalence of gambling ads has diminished, in part due to campaigns conducted in the United States, Europe, and the UK.

    For pirate site operators in Russia, the decision to carry gambling ads now comes with the added risk of being blocked. Only time will tell whether any reduction in traffic is considered serious enough to warrant a gambling boycott of their own.

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

    Pirates Taunt Amazon Over New “Turd Sandwich” Prime Video Quality

    Post Syndicated from Andy original https://torrentfreak.com/pirates-taunt-amazon-over-new-turd-sandwich-prime-video-quality-180419/

    Even though they generally aren’t paying for the content they consume, don’t fall into the trap of believing that all pirates are eternally grateful for even poor quality media.

    Without a doubt, some of the most quality-sensitive individuals are to be found in pirate communities and they aren’t scared to make their voices known when release groups fail to come up with the best possible goods.

    This week there’s been a sustained chorus of disapproval over the quality of pirate video releases sourced from Amazon Prime. The anger is usually directed at piracy groups who fail to capture content in the correct manner but according to a number of observers, the problem is actually at Amazon’s end.

    Discussions on Reddit, for example, report that episodes in a single TV series have been declining in filesize and bitrate, from 1.56 GB in 720p at a 3073 kb/s video bitrate for episode 1, down to 907 MB in 720p at just 1514 kb/s video bitrate for episode 10.

    Numerous theories as to why this may be the case are being floated around, including that Amazon is trying to save on bandwidth expenses. While this is a possibility, the company hasn’t made any announcements to that end.

    Indeed, one legitimate customer reported that he’d raised the quality issue with Amazon and they’d said that the problem was “probably on his end”.

    “I have Amazon Prime Video and I noticed the quality was always great for their exclusive shows, so I decided to try buying the shows on Amazon instead of iTunes this year. I paid for season pass subscriptions for Legion, Billions and Homeland this year,” he wrote.

    “Just this past weekend, I have noticed a significant drop in details compared to weeks before! So naturally I assumed it was an issue on my end. I started trying different devices, calling support, etc, but nothing really helped.

    “Billions continued to look like a blurry mess, almost like I was watching a standard definition DVD instead of the crystal clear HD I paid for and have experienced in the past! And when I check the previous episodes, sure enough, they look fantastic again. What the heck??”

    With Amazon distancing itself from the issues, piracy groups have already begun to dig in the knife. Release group DEFLATE has been particularly critical.

    “Amazon, in their infinite wisdom, have decided to start fucking with the quality of their encodes. They’re now reaching Netflix’s subpar 1080p.H264 levels, and their H265 encodes aren’t even close to what Netflix produces,” the group said in a file attached to S02E07 of The Good Fight released on Sunday.

    “Netflix is able to produce drastic visual improvements with their H265 encodes compared to H264 across every original. In comparison, Amazon can’t decide whether H265 or H264 is going to produce better results, and as a result we suffer for it.”

    Arrr! The quality be fallin’

    So what’s happening exactly?

    A TorrentFreak source (who tells us he’s been working in the BluRay/DCP authoring business for the last 10 years) was kind enough to give us two opinions, one aimed at the techies and another at us mere mortals.

    “In technical terms, it appears [Amazon has] increased the CRF [Constant Rate Factor] value they use when encoding for both the HEVC [H265] and H264 streams. Previously, their H264 streams were using CRF 18 and a max bitrate of 15Mbit/s, which usually resulted in file sizes of roughly 3GB, or around 10Mbit/s. Similarly with their HEVC streams, they were using CRF 20 and resulting in streams which were around the same size,” he explained.

    “In the past week, the H264 streams have decreased by up to 50% for some streams. While there are no longer any x264 headers embedded in the H264 streams, the HEVC streams still retain those headers and the CRF value used has been increased, so it does appear this change has been done on purpose.”

    In layman’s terms, our source believes that Amazon had previously been using an encoding profile that was “right on the edge of relatively good quality” which kept bitrates relatively low but high enough to ensure no perceivable loss of quality.

    “H264 streams encoded with CRF 18 could provide an acceptable compromise between quality and file size, where the loss of detail is often negligible when watched at regular viewing distances, at a desk, or in a lounge room on a larger TV,” he explained.

    “Recently, it appears these values have been intentionally changed in order to lower the bitrate and file sizes for reasons unknown. As a result, the quality of some streams has been reduced by up to 50% of their previous values. This has introduced a visual loss of quality, comparable to that of viewing something in standard definition versus high definition.”

    With the situation failing to improve during the week, by the time piracy group DEFLATE released S03E14 of Supergirl on Tuesday their original criticism had transformed into flat-out insults.

    “These are only being done in H265 because Amazon have shit the bed, and it’s a choice between a turd sandwich and a giant douche,” they wrote, offering these images as illustrative of the problem and these indicating what should be achievable.

    With DEFLATE advising customers to start complaining to Amazon, the memes have already begun, with unfavorable references to now-defunct group YIFY (which was often chastized for its low quality rips) and even a spin on one of the most well known anti-piracy campaigns.

    You wouldn’t download stream….

    TorrentFreak contacted Amazon Prime for comment on both the recent changes and growing customer complaints but at the time of publication we were yet to receive a response.

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

    Reddit Copyright Complaints Jump 138% But Almost Half Get Rejected

    Post Syndicated from Andy original https://torrentfreak.com/reddit-copyright-complaints-jump-138-but-almost-half-get-rejected-180411/

    So-called ‘transparency reports’ are becoming increasingly popular with Internet-based platforms and their users. Among other things, they provide much-needed insight into how outsiders attempt to censor content published online and what actions are taken in response.

    Google first started publishing its report in 2010, Twitter followed in 2012, and they’ve now been joined by a multitude of major companies including Microsoft, Facebook and Cloudflare.

    As one of the world’s most recognized sites, Reddit joined the transparency party fairly late, publishing its first report in early 2015. While light on detail, it revealed that in the previous year the site received just 218 requests to remove content, 81% of which were DMCA-style copyright notices. A significant 62% of those copyright-related requests were rejected.

    Over time, Reddit’s reporting has become a little more detailed. Last April it revealed that in 2016, the platform received ‘just’ 3,294 copyright removal requests for the entire year. However, what really caught the eye is how many notices were rejected. In just 610 instances, Reddit was required to remove content from the site, a rejection rate of 81%.

    Having been a year since Reddit’s last report, the company has just published its latest edition, covering the period January 1, 2017 to December 31, 2017.

    “Reddit publishes this transparency report every year as part of our ongoing commitment to keep you aware of the trends on the various requests regarding private Reddit user account information or removal of content posted to Reddit,” the company said in a statement.

    “Reddit believes that maintaining this transparency is extremely important. We want you to be aware of this information, consider it carefully, and ask questions to keep us accountable.”

    The detailed report covers a wide range of topics, including government requests for the preservation or production of user information (there were 310) and even an instruction to monitor one Reddit user’s activities in real time via a so-called ‘Trap and Trace’ order.

    In copyright terms, there has been significant movement. In 2017, Reddit received 7,825 notifications of alleged copyright infringement under the Digital Millennium Copyright Act, that’s up roughly 138% over the 3,294 notifications received in 2016.

    For a platform of Reddit’s unquestionable size, these volumes are not big. While the massive percentage increase is notable, the site still receives less than 10 complaints each day. For comparison, Google receives millions every week.

    But perhaps most telling is that despite receiving more than 7,800 DMCA-style takedown notices, these resulted in Reddit carrying out just 4,352 removals. This means that for whatever reasons (Reddit doesn’t specify), 3,473 requests were denied, a rejection rate of 44.38%. Google, on the other hand, removes around 90% of content reported.

    DMCA notices can be declared invalid for a number of reasons, from incorrect formatting through to flat-out abuse. In many cases, copyright law is incorrectly applied and it’s not unknown for complainants to attempt a DMCA takedown to stifle speech or perceived competition.

    Reddit says it tries to take all things into consideration before removing content.

    “Reddit reviews each DMCA takedown notice carefully, and removes content where a valid report is received, as required by the law,” the company says.

    “Reddit considers whether the reported content may fall under an exception listed in the DMCA, such as ‘fair use,’ and may ask for clarification that will assist in the review of the removal request.”

    Considering the numbers of community-focused “subreddits” dedicated to piracy (not just general discussion, but actual links to content), the low numbers of copyright notices received by Reddit continues to baffle.

    There are sections in existence right now offering many links to movies and TV shows hosted on various file-hosting sites. They’re the type of links that are targeted all the time whenever they appear in Google search but copyright owners don’t appear to notice or care about them on Reddit.

    Finally, it would be nice if Reddit could provide more information in next year’s report, including detail on why so many requests are rejected. Perhaps regular submission of notices to the Lumen Database would be something Reddit would consider for the future.

    Reddit’s Transparency Report for 2017 can be found here.

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

    Roku Bans Popular Social IPTV Linking Service cCloud TV

    Post Syndicated from Andy original https://torrentfreak.com/roku-bans-popular-social-iptv-linking-service-ccloud-tv-180409/

    Despite being one of the more popular set-top box platforms, until last year Roku managed to stay completely out of the piracy conversation.

    However, due to abuse of its system by third-parties, last June the Superior Court of Justice of the City of Mexico banned the importation and distribution of Roku devices in the country.

    The decision followed a complaint filed by cable TV provider Cablevision, which said that some Roku channels and their users were infringing its distribution rights.

    Since then, Roku has been fighting to have the ban lifted, previously informing TF that it expressly prohibits copyright infringement of any kind. That led to several more legal processes yet last month and after considerable effort, the ban was upheld, much to Roku’s disappointment.

    “It is necessary for Roku to make adjustments to its software, as other online content distribution platforms do, so that violations of copyrighted content do not take place,” Cablevision said.

    Then, at the end of March, Roku suddenly banned the USTVnow channel from its platform, citing a third-party copyright complaint.

    In a series of emails with TF, the company declined to offer further details but there is plenty of online speculation that the decision was a move towards the “adjustments” demanded by Cablevision. Today yet more fuel is being poured onto that same fire with Roku’s decision to ban the popular cCloud TV service from its platform.

    For those unfamiliar with cCloud TV, it’s a video streaming platform that relies on users to contribute media links found on the web, whether they’re movie and TV shows or live sporting events.

    “Project cCloud TV is known as the ‘Popcorn Time for Live TV’. The project started with 50 channels and has grown over time and now has over 4000 channels from all around the world,” its founder ‘Bane’ told TF back in 2016.

    “The project was inspired by Popcorn Time and its simplicity for streaming torrents. The service works based on media links that can be found anywhere on the web and the cCloud project makes it easier for users to stream.”

    Aside from the vast array of content cCloud offers, its versatility is almost unrivaled. In an addition to working via most modern web browsers, it’s also accessible using smartphones, tablets, Plex media server, Kodi, VLC, and (until recently at least) Roku.

    But cCloud and USTVnow aren’t the only services suffering bans at Roku.

    As highlighted by CordCuttersNews, other channels are also suffering similar fates, such as XTV that was previously replaced with an FBI warning.

    cCloud has had problems on Kodi too. Back in September 2017, TVAddons announced that it had been forced to remove the cCloud addon from its site.

    “cCloud TV has been removed from our web site due to a complaint made by Bell, Rogers, Videotron and TVA on June 12th, 2017 as part of their lawsuit against our web site,” the site announced.

    “Prior to hearing of the lawsuit, we had never received a single complaint relating to the cCloud TV addon for Kodi. cCloud TV for Kodi was developed by podgod, and was basically an interface for the community-based web service that goes by the same name.”

    Last week, TVAddons went on to publish an “blacklist” that lists addons that have the potential to deliver content not authorized by rightsholders. Among many others, the list contains cCloud, meaning that potential users will now have to obtain it directly from the Kodi Bae Repository on Github instead.

    At the time of publication, Roku had not responded to TorrentFreak’s request for comment.

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

    If YouTube-Ripping Sites Are Illegal, What About Tools That Do a Similar Job?

    Post Syndicated from Andy original https://torrentfreak.com/if-youtube-ripping-sites-are-illegal-what-about-tools-that-do-a-similar-job-180407/

    In 2016, the International Federation of the Phonographic Industry published research which claimed that half of 16 to 24-year-olds use stream-ripping tools to copy music from sites like YouTube.

    While this might not have surprised those who regularly participate in the activity, IFPI said that volumes had become so vast that stream-ripping had overtaken pirate site music downloads. That was a big statement.

    Probably not coincidentally, just two weeks later IFPI, RIAA, and BPI announced legal action against the world’s largest YouTube ripping site, YouTube-MP3.

    “YTMP3 rapidly and seamlessly removes the audio tracks contained in videos streamed from YouTube that YTMP3’s users access, converts those audio tracks to an MP3 format, copies and stores them on YTMP3’s servers, and then distributes copies of the MP3 audio files from its servers to its users in the United States, enabling its users to download those MP3 files to their computers, tablets, or smartphones,” the complaint read.

    The labels sued YouTube-MP3 for direct infringement, contributory infringement, vicarious infringement, inducing others to infringe, plus circumvention of technological measures on top. The case was big and one that would’ve been intriguing to watch play out in court, but that never happened.

    A year later in September 2017, YouTubeMP3 settled out of court. No details were made public but YouTube-MP3 apparently took all the blame and the court was asked to rule in favor of the labels on all counts.

    This certainly gave the impression that what YouTube-MP3 did was illegal and a strong message was sent out to other companies thinking of offering a similar service. However, other onlookers clearly saw the labels’ lawsuit as something to be studied and learned from.

    One of those was the operator of NotMP3downloader.com, a site that offers Free MP3 Recorder for YouTube, a tool offering similar functionality to YouTube-MP3 while supposedly avoiding the same legal pitfalls.

    Part of that involves audio being processed on the user’s machine – not by stream-ripping as such – but by stream-recording. A subtle difference perhaps, but the site’s operator thinks it’s important.

    “After examining the claims made by the copyright holders against youtube-mp3.org, we identified that the charges were based on the three main points. [None] of them are applicable to our product,” he told TF this week.

    The first point involves YouTube-MP3’s acts of conversion, storage and distribution of content it had previously culled from YouTube. Copies of unlicensed tracks were clearly held on its own servers, a potent direct infringement risk.

    “We don’t have any servers to download, convert or store a copyrighted or any other content from YouTube. Therefore, we do not violate any law or prohibition implied in this part,” NotMP3downloader’s operator explains.

    Then there’s the act of “stream-ripping” itself. While YouTube-MP3 downloaded digital content from YouTube using its own software, NotMP3downloader claims to do things differently.

    “Our software doesn’t download any streaming content directly, but only launches a web browser with the video specified by a user. The capturing happens from a local machine’s sound card and doesn’t deal with any content streamed through a network,” its operator notes.

    This part also seems quite important. YouTube-MP3 was accused of unlawfully circumventing technological measures implemented by YouTube to prevent people downloading or copying content. By opening up YouTube’s own website and viewing content in the way the site demands, NotMP3downloader says it does not “violate the website’s integrity nor performs direct download of audio or video files.”

    Like the Betamax video recorder before it that enabled recording from analog TV, NotMP3downloader enables a user to record a YouTube stream on their local machine. This, its makers claim, means the software is completely legal and defeats all the claims made by the labels in the YouTube-MP3 lawsuit.

    “What YouTube does is broadcasting content through the Internet. Thus, there is nothing wrong if users are allowed to watch such content later as they may want,” the NotMP3downloader team explain.

    “It is worth noting that in Sony Corp. of America v. United City Studios, Inc. (464 U.S. 417) the United States Supreme Court held that such practice, also known as time-shifting, was lawful representing fair use under the US Copyright Act and causing no substantial harm to the copyright holder.”

    While software that can record video and sounds locally are nothing new, the developments in the YouTube-MP3 case and this response from NotMP3downloader raises interesting questions.

    We put some of them to none other than former RIAA Executive Vice President, Neil Turkewitz, who now works as President of Turkewitz Consulting Group.

    Turkewitz stressed that he doesn’t speak for the industry as a whole or indeed the RIAA but it’s clear that his passion for protecting creators persists. He told us that in this instance, reliance on the Betamax decision is “misplaced”.

    “The content is different, the activity is different, and the function is different,” Turkewitz told TF.

    “The Sony decision must be understood in its context — the time shifting of audiovisual programming being broadcast from point to multipoint. The making available of content by a point-to-point interactive service like YouTube isn’t broadcasting — or at a minimum, is not a form of broadcasting akin to that considered by the Supreme Court in Sony.

    “More fundamentally, broadcasting (right of communication to the public) is one of only several rights implicated by the service. And of course, issues of liability will be informed by considerations of purpose, effect and perceived harm. A court’s judgment will also be affected by whether it views the ‘innovation’ as an attempt to circumvent the requirements of law. The decision of the Supreme Court in ABC v. Aereo is certainly instructive in that regard.”

    And there are other issues too. While YouTube itself is yet to take any legal action to deter users from downloading rather than merely streaming content, its terms of service are quite specific and seem to cover all eventualities.

    “[Y]ou agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming,” YouTube’s ToS reads.

    “‘Streaming’ means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

    “You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.”

    In this respect, it seems that a user doing anything but real-time streaming of YouTube content is breaching YouTube’s terms of service. The big question then, of course, is whether providing a tool specifically for that purpose represents an infringement of copyright.

    The people behind Free MP3 Recorder believe that the “scope of application depends entirely on the end users’ intentions” which seems like a fair argument at first view. But, as usual, copyright law is incredibly complex and there are plenty of opposing views.

    We asked the BPI, which took action against YouTubeMP3, for its take on this type of tool. The official response was “No comment” which doesn’t really clarify the position, at least for now.

    Needless to say, the Betamax decision – relevant or not – doesn’t apply in the UK. But that only adds more parameters into the mix – and perhaps more opportunities for lawyers to make money arguing for and against tools like this in the future.

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

    Fox Networks Obtains Piracy Blocking Injunction Against Rojadirecta

    Post Syndicated from Andy original https://torrentfreak.com/fox-networks-obtains-piracy-blocking-injunction-against-rojadirecta-180405/

    Twelve years ago this October, a court in Denmark ordered a local ISP to begin blocking unlicensed Russian music site AllofMP3. It was a landmark moment that opened the floodgates.

    Although most countries took a few years to follow, blocking is now commonplace across Europe and if industry lobbyists have their way, it will soon head to North America. Meanwhile, other regions are getting their efforts underway, with Uruguay the latest country to reserve a place on the list.

    The news comes via Fox Sports Latin America, which expressed satisfaction this week that a court in the country had handed down an interim injunction against local ISPs which compels them to block access to streaming portal Rojadirecta.

    Despite a focus on Spanish speaking regions, Rojadirecta is one of the best known and longest-standing unauthorized sports in the world. Offering links to live streams of most spectator sports, Rojadirecta has gained a loyal and international following.

    This has resulted in a number of lawsuits and legal challenges in multiple regions, the latest being a criminal copyright infringement complaint by Fox Sports Latin America. As usual, the company is annoyed that its content is being made available online without the proper authorization.

    “This exemplary ruling marks the beginning of judicial awareness on online piracy issues,” said Daniel Steinmetz, Chief Anti-Piracy Officer of Fox Networks Group Latin America.

    “FNG Latin America works constantly to combat the illegal use of content on different fronts and with great satisfaction we have found in Uruguay an important ally in the fight against this scourge. We are on our way to ending the impunity of these illegal content relay sites.”

    Fox Sports says that with this pioneering action, Uruguay is now at the forefront of the campaign to tackle piracy currently running rampant across South America.

    According to a NetNames report, there are 222 million Internet users in the region, of which 110 million access pirated content. This translates to 1,377 million TV hours per year but it’s hoped that additional action in other countries will help to stem the rising tide.

    “We have already presented actions in other countries in the region where we will seek to replicate what we have obtained in Uruguay,” Fox said in a statement.

    Local reports indicate that Internet providers have not yet taken action to block RojaDirecta but it’s expected they will do so in the near future.

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

    Roku Removes USTVnow Service Following “3rd Party” Copyright Complaint

    Post Syndicated from Andy original https://torrentfreak.com/roku-removes-ustvnow-service-following-3rd-party-copyright-complaint-180329/

    Earlier this week, customers of the popular Roku streaming media player began complaining about a problem with the product, specifically in connection with USTVnow.

    USTVnow promotes itself as a service targeted at American expats and the military, offering “a wide range of live American channels to watch on their computer, mobile device or television.”

    Indeed, USTVnow offers a fairly comprehensive service, with eight channels (including ABC and FOX) on its free tier and 24 channels on its premium $29.00 per month package.

    USTVnow’s top package

    Having USTVnow available via Roku helps to spread the free tier and drive business to the paid tier but, as of this week, that’s stopped happening. USTVnow has been completely removed from the Roku platform, much to the disappointment of customers.

    “I spoke to Roku support and [they told me] that USTVNOW is no longer available for Roku at this time,” a user in Roku’s forums complained.

    In response, a Roku engineer said that “Roku has been asked to remove this channel by the content rights owner”, which was as confusing as it was informative.

    USTVnow endorses the Roku product, actively promotes it on the front page of its site, and provides helpful setup guides.

    So, in an effort to get to the bottom of the problem, TorrentFreak contacted Roku, asking for details. The company responded quickly.

    “Yes, that is correct, the channel was removed from our platform,” Roku spokesperson Tricia Misfud confirmed.

    “When we receive a notice regarding copyright infringement we are swift to review which in this case resulted in us removing the channel.”

    Roku pointed us to its copyright infringement page which details its policies and actions when a complaint is received. However, that didn’t really help to answer why it would remove USTVnow when USTVnow promotes the Roku service.

    So we asked Roku again to elaborate on who filed the notice and on what grounds.

    “The notice was in regards to the copyright of the content,” came the response.

    While not exactly clear, this suggested that USTVnow wasn’t the problem but someone else. Was it a third-party perhaps? If so, who, and what was the content being complained about?

    “It was from a third party,” came the vague response.

    With USTVnow completely unavailable via Roku, there are some pretty annoyed customers out there. However, it seems clear that at least for now, the company either can’t or won’t reveal the precise details of the complaint.

    It could conceivably be from one of the major channels offered in the USTVnow package but equally, it could be a DMCA notice from a movie or TV show copyright holder who objects to their content being distributed on the device, or even USTVnow itself.

    USTVnow has a deal with Nittany Media to provide streaming services based on Nittany’s product but there is always a potential for a licensing problem somewhere, potentially big ones too.

    We’ll update this article if and when more information becomes available.

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