Tag Archives: damages

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.

Pirate IPTV Service Goes Bust After Premier League Deal, Exposing Users

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-service-goes-bust-after-premier-league-deal-exposing-users-180913/

For those out of the loop, unauthorized IPTV services offering many thousands of unlicensed channels have been gaining in popularity in recent years. They’re relatively cheap, fairly reliable, and offer acceptable levels of service.

They are, however, a huge thorn in the side of rightsholders who are desperate to bring them to their knees. One such organization is the UK’s Premier League, which has been disrupting IPTV services over the past year, hoping they’ll shut down.

Most have simply ridden the wave of blocks but one provider, Ace Hosting in the UK, showed signs of stress last year, revealing that it would no longer sell new subscriptions. There was little doubt in most people’s minds that the Premier League had gotten uncomfortably close to the IPTV provider.

Now, many months later, the amazing story can be told. It’s both incredible and shocking and will leave many shaking their heads in disbelief. First up, some background.

Doing things ‘properly’ – incorporation of a pirate service…

Considering how most operators of questionable services like to stay in the shade, it may come as a surprise to learn that Ace Hosting Limited is a proper company. Incorporated and registered at Companies House on January 3, 2017, Ace has two registered directors – family team Ian and Judith Isaac.

In common with several other IPTV operators in the UK who are also officially registered with the authorities, Ace Hosting has never filed any meaningful accounts. There’s a theory that the corporate structure is basically one of convenience, one that allows for the handling of large volumes of cash while limiting liability. The downside, of course, is that people are often more easily identified, in part due to the comprehensive paper trail.

Thanks to what can only be described as a slow-motion train wreck, the Ace Hosting debacle is revealing a bewildering set of circumstances. Last December, when Ace said it would stop signing up new members due to legal pressure, a serious copyright threat had already been filed against it.

Premier League v Ace Hosting

Documents seen by TorrentFreak reveal that the Premier League sent legal threats to Ace Hosting on December 15, 2017, just days before the subscription closure announcement. Somewhat surprisingly, Ace apparently felt it could pay the Premier League a damages amount and keep on trading.

But early March 2018, with the Premier League threatening Ace with all kinds of bad things, the company made a strange announcement.

“The ISPs in the UK and across Europe have recently become much more aggressive in blocking our service while football games are in progress,” Ace said in a statement.

“In order to get ourselves off of the ISP blacklist we are going to black out the EPL games for all users (including VPN users) starting on Monday. We believe that this will enable us to rebuild the bypass process and successfully provide you with all EPL games.”

It seems doubtful that Ace really intended to thumb its nose at the Premier League but it had continued to sell subscriptions since receiving threats in December, so all things seemed possible. But on March 24 that all changed, when Ace effectively announced its closure.

Premier League 1, Ace Hosting 0

“It is with sorrow that we announce that we are no longer accepting renewals, upgrades to existing subscriptions or the purchase of new credits. We plan to support existing subscriptions until they expire,” the team wrote.

“EPL games including highlights continue to be blocked and are not expected to be reinstated before the end of the season.”

Indeed, just days later the Premier League demanded a six-figure settlement sum from Ace Hosting, presumably to make a lawsuit disappear. It was the straw that broke the camel’s back.

“When the proposed damages amount was received it was clear that the Company would not be able to cover the cost and that there was a very high probability that even with a negotiated settlement that the Company was insolvent,” documents relating to Ace’s liquidation read.

At this point, Ace says it immediately ceased trading but while torrent sites usually shut down and disappear into the night, Ace’s demise is now a matter of record.

Creditors – the good, the bad, and the ugly

On April 11, 2018, Ace’s directors contacted business recovery and insolvency specialists Begbies Traynor (Central) LLP to obtain advice on the company’s financial position. Begbies Traynor was instructed by Ace on April 23 and on May 8, Ace Hosting director Ian Isaac determined that his company could not pay its debts.

First the good news. According to an official report, Ace Hosting has considerable cash in the bank – £255,472.00 to be exact. Now the bad news – Ace has debts of £717,278.84. – the details of which are intriguing to say the least.

First up, Ace has ‘trade creditors’ to whom it owes £104,356. The vast majority of this sum is a settlement Ace agreed to pay to the Premier League.

“The directors entered into a settlement agreement with the Football Association Premier League Limited prior to placing the Company into liquidation as a result of a purported copyright infringement. However, there is a residual claim from the Football Association Premier League Limited which is included within trade creditors totaling £100,000,” Ace’s statement of affairs reads.

Bizarrely (given the nature of the business, at least) Ace also owes £260,000 to Her Majesty’s Revenue and Customs (HMRC) in unpaid VAT and corporation tax, which is effectively the government’s cut of the pirate IPTV business’s labors.

Former Ace Hosting subscriber? Your cash is as good as gone

Finally – and this is where things get a bit sweaty for Joe Public – there are 15,768 “consumer creditors”, split between ‘retail’ and ‘business’ customers of the service. Together they are owed a staggering £353,000.

Although the documentation isn’t explicit, retail customers appear to be people who have purchased an Ace IPTV subscription that still had time to run when the service closed down. Business customers seem likely to be resellers of the service, who purchased ‘credits’ and didn’t get time to sell them before Ace disappeared.

The poison chalice here is that those who are owed money by Ace can actually apply to get some of it back, but that could be extremely risky.

“Creditor claims have not yet been adjudicated but we estimate that the majority of customers who paid for subscription services will receive less than £3 if there is a distribution to unsecured creditors. Furthermore, customer details will be passed to the relevant authorities if there is any suggestion of unlawful conduct,” documentation reads.

We spoke with a former Ace customer who had this to say about the situation.

“It was generally a good service notwithstanding their half-arsed attempts to evade the EPL block. At its heart there were people who seemed to know how to operate a decent service, although the customer-facing side of things was not the greatest,” he said.

“And no, I won’t be claiming a refund. I went into it with my eyes fully open so I don’t hold anyone responsible, except myself. In any case, anyone who wants a refund has to complete a claim form and provide proof of ID (LOL).”

The bad news for former subscribers continues…potentially

While it’s likely that most people will forgo their £3, the bad news isn’t over for subscribers. Begbies Traynor is warning that the liquidators will decide whether to hand over subscribers’ personal details to the Premier League and/or the authorities.

In any event, sometime in the next couple of weeks the names and addresses of all subscribers will be made “available for inspection” at an address in Wiltshire for two days, meaning that any interested parties could potentially gain access to sensitive information.

The bottom line is that Ace Hosting is in the red to the tune of £461,907 and will eventually disappear into the bowels of history. Whether its operators will have to answer for their conduct will remain to be seen but it seems unimaginable at this stage that things will end well.

Subscribers probably won’t get sucked in but in a story as bizarre as this one, anything could yet happen.

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

Sci-Hub ‘Pirate Bay For Science’ Security Certs Revoked by Comodo

Post Syndicated from Andy original https://torrentfreak.com/sci-hub-pirate-bay-for-science-security-certs-revoked-by-comodo-ca-180503/

Sci-Hub is often referred to as the “Pirate Bay of Science”. Like its namesake, it offers masses of unlicensed content for free, mostly against the wishes of copyright holders.

While The Pirate Bay will index almost anything, Sci-Hub is dedicated to distributing tens of millions of academic papers and articles, something which has turned itself into a target for publishing giants like Elsevier.

Sci-Hub and its Kazakhstan-born founder Alexandra Elbakyan have been under sustained attack for several years but more recently have been fending off an unprecedented barrage of legal action initiated by the American Chemical Society (ACS), a leading source of academic publications in the field of chemistry.

After winning a default judgment for $4.8 million in copyright infringement damages last year, ACS was further granted a broad injunction.

It required various third-party services (including domain registries, hosting companies and search engines) to stop facilitating access to the site. This plunged Sci-Hub into a game of domain whac-a-mole, one that continues to this day.

Determined to head Sci-Hub off at the pass, ACS obtained additional authority to tackle the evasive site and any new domains it may register in the future.

While Sci-Hub has been hopping around domains for a while, this week a new development appeared on the horizon. Visitors to some of the site’s domains were greeted with errors indicating that the domains’ security certificates had been revoked.

Tests conducted by TorrentFreak revealed clear revocations on Sci-Hub.hk and Sci-Hub.nz, both of which returned the error ‘NET::ERR_CERT_REVOKED’.

Certificate revoked

These certificates were first issued and then revoked by Comodo CA, the world’s largest certification authority. TF contacted the company who confirmed that it had been forced to take action against Sci-Hub.

“In response to a court order against Sci-Hub, Comodo CA has revoked four certificates for the site,” Jonathan Skinner, Director, Global Channel Programs at Comodo CA informed TorrentFreak.

“By policy Comodo CA obeys court orders and the law to the full extent of its ability.”

Comodo refused to confirm any additional details, including whether these revocations were anything to do with the current ACS injunction. However, Susan R. Morrissey, Director of Communications at ACS, told TorrentFreak that the revocations were indeed part of ACS’ legal action against Sci-Hub.

“[T]he action is related to our continuing efforts to protect ACS’ intellectual property,” Morrissey confirmed.

Sci-Hub operates multiple domains (an up-to-date list is usually available on Wikipedia) that can be switched at any time. At the time of writing the domain sci-hub.ga currently returns ‘ERR_SSL_VERSION_OR_CIPHER_MISMATCH’ while .CN and .GS variants both have Comodo certificates that expired last year.

When TF first approached Comodo earlier this week, Sci-Hub’s certificates with the company hadn’t been completely wiped out. For example, the domain https://sci-hub.tw operated perfectly, with an active and non-revoked Comodo certificate.

Still in the game…but not for long

By Wednesday, however, the domain was returning the now-familiar “revoked” message.

These domain issues are the latest technical problems to hit Sci-Hub as a result of the ACS injunction. In February, Cloudflare terminated service to several of the site’s domains.

“Cloudflare will terminate your service for the following domains sci-hub.la, sci-hub.tv, and sci-hub.tw by disabling our authoritative DNS in 24 hours,” Cloudflare told Sci-Hub.

While ACS has certainly caused problems for Sci-Hub, the platform is extremely resilient and remains online.

The domains https://sci-hub.is and https://sci-hub.nu are fully operational with certificates issued by Let’s Encrypt, a free and open certificate authority supported by the likes of Mozilla, EFF, Chrome, Private Internet Access, and other prominent tech companies.

It’s unclear whether these certificates will be targeted in the future but Sci-Hub doesn’t appear to be in the mood to back down.

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

Under-Fire “Kodi Box” Company “Sold to Chinese Investor” For US$8.82m

Post Syndicated from Andy original https://torrentfreak.com/under-fire-kodi-box-company-sold-to-chinese-investor-for-us8-82m-180426/

Back in 2016, an article appeared in Kiwi media discussing the rise of a new company pledging to beat media giant Sky TV at its own game.

My Box NZ owner Krish Reddy told the publication he was selling Android boxes loaded with Kodi software and augmented with third-party addons.

Without any hint of fear, he stated that these devices enabled customers to access movies, TV shows and live channels for free, after shelling out a substantial US$182 for the box first, that is.

“Why pay $80 minimum per month for Sky when for one payment you can have it free for good?” a claim on the company’s website asked.

Noting that he’d been importing the boxes from China, Reddy suggested that his lawyers hadn’t found any problem with the business plan.

“I don’t see why [Sky] would contact me but if they do contact me and … if there’s something of theirs that they feel I’ve unlawfully taken then yeah … but as it stands I don’t [have any concerns],” he said.

At this point, Reddy said he’d been selling the boxes for just six weeks and had shifted around 80 units. To get coverage from a national newspaper at this stage of the game must’ve been very much appreciated but Reddy didn’t stop there.

In a bulk advertising email sent out to 50,000 people, Reddy described his boxes as “better than Sky”. However, by design or misfortune, the email managed to land in the inboxes of 50 Sky TV staff and directors, something that didn’t go unnoticed by the TV giant.

With Reddy claiming sales of 8,000 units, Sky ran out of patience last April. In a letter from its lawyers, the pay-TV company said Reddy’s devices breached copyright law and the Fair Trading Act. Reddy responded by calling the TV giant “a playground bully”, again denying that he was breaking the law.

“From a legal perspective, what we do is completely within the law. We advertise Sky television channels being available through our website and social media platforms as these are available via streams which you can find through My Box,” he said.

“The content is already available, I’m not going out there and bringing the content so how am I infringing the copyright… the content is already there, if someone uses the box to search for the content, that’s what it is.”

The initial compensation demand from Sky against Reddy’s company My Box ran to NZD$1.4m, around US$1m. It was an amount that had the potential rise by millions if matters got drawn out and/or escalated. But despite picking a terrible opponent in a battle he was unlikely to win, Reddy refused to give up.

“[Sky’s] point of view is they own copyright and I’m destroying the market by giving people content for free. To me it is business; I have got something that is new … that’s competition,” he said.

The Auckland High Court heard the case against My Box last month with Judge Warwick Smith reserving his judgment and Reddy still maintaining that his business is entirely legal. Sales were fantastic, he said, with 20,000 devices sold to customers in 12 countries.

Then something truly amazing happened.

A company up to its eyeballs in litigation, selling a commodity product that an amateur can buy and configure at home for US$40, reportedly got a chance of a lifetime. Reddy revealed to Stuff that a Chinese investor had offered to buy his company for an eye-watering NZ$10 million (US$7.06m).

“We have to thank Sky,” he said. “If they had left us alone we would just have been selling a few boxes, but the controversy made us world famous.”

Reddy noted he’d been given 21 days to respond to the offer, but refused to name the company. Interestingly, he also acknowledged that if My Box lost its case, the company would be liable for damages. However, that wouldn’t bother the potential investor.

“It makes no difference to them whether we win or lose, because their operations won’t be in New Zealand,” Reddy said.

According to the entrepreneur, that’s how things are playing out.

The Chinese firm – which Reddy is still refusing to name – has apparently accepted a counter offer from Reddy of US$8.8m for My Box. As a result, Reddy will wrap up his New Zealand operations within the next 90 days and his six employees will be rendered unemployed.

Given that anyone with the ability to install Kodi and a few addons before putting a box in the mail could replicate Reddy’s business model, the multi-million dollar offer for My Box was never anything less than a bewildering business proposition. That someone carried through with it an even higher price is so fantastic as to be almost unbelievable.

In a sea of unhappy endings for piracy-enabled Kodi box sellers globally, this is the only big win to ever grace the headlines. Assuming this really is the end of the story (and that might not be the case) it will almost certainly be the last.

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

Continued: the answers to your questions for Eben Upton

Post Syndicated from Alex Bate original https://www.raspberrypi.org/blog/eben-q-a-2/

Last week, we shared the first half of our Q&A with Raspberry Pi Trading CEO and Raspberry Pi creator Eben Upton. Today we follow up with all your other questions, including your expectations for a Raspberry Pi 4, Eben’s dream add-ons, and whether we really could go smaller than the Zero.

Live Q&A with Eben Upton, creator of the Raspberry Pi

Get your questions to us now using #AskRaspberryPi on Twitter

With internet security becoming more necessary, will there be automated versions of VPN on an SD card?

There are already third-party tools which turn your Raspberry Pi into a VPN endpoint. Would we do it ourselves? Like the power button, it’s one of those cases where there are a million things we could do and so it’s more efficient to let the community get on with it.

Just to give a counterexample, while we don’t generally invest in optimising for particular use cases, we did invest a bunch of money into optimising Kodi to run well on Raspberry Pi, because we found that very large numbers of people were using it. So, if we find that we get half a million people a year using a Raspberry Pi as a VPN endpoint, then we’ll probably invest money into optimising it and feature it on the website as we’ve done with Kodi. But I don’t think we’re there today.

Have you ever seen any Pis running and doing important jobs in the wild, and if so, how does it feel?

It’s amazing how often you see them driving displays, for example in radio and TV studios. Of course, it feels great. There’s something wonderful about the geographic spread as well. The Raspberry Pi desktop is quite distinctive, both in its previous incarnation with the grey background and logo, and the current one where we have Greg Annandale’s road picture.

The PIXEL desktop on Raspberry Pi

And so it’s funny when you see it in places. Somebody sent me a video of them teaching in a classroom in rural Pakistan and in the background was Greg’s picture.

Raspberry Pi 4!?!

There will be a Raspberry Pi 4, obviously. We get asked about it a lot. I’m sticking to the guidance that I gave people that they shouldn’t expect to see a Raspberry Pi 4 this year. To some extent, the opportunity to do the 3B+ was a surprise: we were surprised that we’ve been able to get 200MHz more clock speed, triple the wireless and wired throughput, and better thermals, and still stick to the $35 price point.

We’re up against the wall from a silicon perspective; we’re at the end of what you can do with the 40nm process. It’s not that you couldn’t clock the processor faster, or put a larger processor which can execute more instructions per clock in there, it’s simply about the energy consumption and the fact that you can’t dissipate the heat. So we’ve got to go to a smaller process node and that’s an order of magnitude more challenging from an engineering perspective. There’s more effort, more risk, more cost, and all of those things are challenging.

With 3B+ out of the way, we’re going to start looking at this now. For the first six months or so we’re going to be figuring out exactly what people want from a Raspberry Pi 4. We’re listening to people’s comments about what they’d like to see in a new Raspberry Pi, and I’m hoping by early autumn we should have an idea of what we want to put in it and a strategy for how we might achieve that.

Could you go smaller than the Zero?

The challenge with Zero as that we’re periphery-limited. If you run your hand around the unit, there is no edge of that board that doesn’t have something there. So the question is: “If you want to go smaller than Zero, what feature are you willing to throw out?”

It’s a single-sided board, so you could certainly halve the PCB area if you fold the circuitry and use both sides, though you’d have to lose something. You could give up some GPIO and go back to 26 pins like the first Raspberry Pi. You could give up the camera connector, you could go to micro HDMI from mini HDMI. You could remove the SD card and just do USB boot. I’m inventing a product live on air! But really, you could get down to two thirds and lose a bunch of GPIO – it’s hard to imagine you could get to half the size.

What’s the one feature that you wish you could outfit on the Raspberry Pi that isn’t cost effective at this time? Your dream feature.

Well, more memory. There are obviously technical reasons why we don’t have more memory on there, but there are also market reasons. People ask “why doesn’t the Raspberry Pi have more memory?”, and my response is typically “go and Google ‘DRAM price’”. We’re used to the price of memory going down. And currently, we’re going through a phase where this has turned around and memory is getting more expensive again.

Machine learning would be interesting. There are machine learning accelerators which would be interesting to put on a piece of hardware. But again, they are not going to be used by everyone, so according to our method of pricing what we might add to a board, machine learning gets treated like a $50 chip. But that would be lovely to do.

Which citizen science projects using the Pi have most caught your attention?

I like the wildlife camera projects. We live out in the countryside in a little village, and we’re conscious of being surrounded by nature but we don’t see a lot of it on a day-to-day basis. So I like the nature cam projects, though, to my everlasting shame, I haven’t set one up yet. There’s a range of them, from very professional products to people taking a Raspberry Pi and a camera and putting them in a plastic box. So those are good fun.

Raspberry Shake seismometer

The Raspberry Shake seismometer

And there’s Meteor Pi from the Cambridge Science Centre, that’s a lot of fun. And the seismometer Raspberry Shake – that sort of thing is really nice. We missed the recent South Wales earthquake; perhaps we should set one up at our Californian office.

How does it feel to go to bed every day knowing you’ve changed the world for the better in such a massive way?

What feels really good is that when we started this in 2006 nobody else was talking about it, but now we’re part of a very broad movement.

We were in a really bad way: we’d seen a collapse in the number of applicants applying to study Computer Science at Cambridge and elsewhere. In our view, this reflected a move away from seeing technology as ‘a thing you do’ to seeing it as a ‘thing that you have done to you’. It is problematic from the point of view of the economy, industry, and academia, but most importantly it damages the life prospects of individual children, particularly those from disadvantaged backgrounds. The great thing about STEM subjects is that you can’t fake being good at them. There are a lot of industries where your Dad can get you a job based on who he knows and then you can kind of muddle along. But if your dad gets you a job building bridges and you suck at it, after the first or second bridge falls down, then you probably aren’t going to be building bridges anymore. So access to STEM education can be a great driver of social mobility.

By the time we were launching the Raspberry Pi in 2012, there was this wonderful movement going on. Code Club, for example, and CoderDojo came along. Lots of different ways of trying to solve the same problem. What feels really, really good is that we’ve been able to do this as part of an enormous community. And some parts of that community became part of the Raspberry Pi Foundation – we merged with Code Club, we merged with CoderDojo, and we continue to work alongside a lot of these other organisations. So in the two seconds it takes me to fall asleep after my face hits the pillow, that’s what I think about.

We’re currently advertising a Programme Manager role in New Delhi, India. Did you ever think that Raspberry Pi would be advertising a role like this when you were bringing together the Foundation?

No, I didn’t.

But if you told me we were going to be hiring somewhere, India probably would have been top of my list because there’s a massive IT industry in India. When we think about our interaction with emerging markets, India, in a lot of ways, is the poster child for how we would like it to work. There have already been some wonderful deployments of Raspberry Pi, for example in Kerala, without our direct involvement. And we think we’ve got something that’s useful for the Indian market. We have a product, we have clubs, we have teacher training. And we have a body of experience in how to teach people, so we have a physical commercial product as well as a charitable offering that we think are a good fit.

It’s going to be massive.

What is your favourite BBC type-in listing?

There was a game called Codename: Druid. There is a famous game called Codename: Droid which was the sequel to Stryker’s Run, which was an awesome, awesome game. And there was a type-in game called Codename: Druid, which was at the bottom end of what you would consider a commercial game.

codename druid

And I remember typing that in. And what was really cool about it was that the next month, the guy who wrote it did another article that talks about the memory map and which operating system functions used which bits of memory. So if you weren’t going to do disc access, which bits of memory could you trample on and know the operating system would survive.

babbage versus bugs Raspberry Pi annual

See the full listing for Babbage versus Bugs in the Raspberry Pi 2018 Annual

I still like type-in listings. The Raspberry Pi 2018 Annual has a type-in listing that I wrote for a Babbage versus Bugs game. I will say that’s not the last type-in listing you will see from me in the next twelve months. And if you download the PDF, you could probably copy and paste it into your favourite text editor to save yourself some time.

The post Continued: the answers to your questions for Eben Upton appeared first on Raspberry Pi.

Major Pirate Site Operators’ Sentences Increased on Appeal

Post Syndicated from Andy original https://torrentfreak.com/major-pirate-site-operators-sentences-increased-on-appeal-180330/

With The Pirate Bay the most famous pirate site in Swedish history still in full swing, a lesser known streaming platform started to gain traction more than half a decade ago.

From humble beginnings, Swefilmer eventually grew to become Sweden’s most popular movie and TV show streaming site. At one stage it was credited alongside another streaming portal for serving up to 25% of all online video streaming in Sweden.

But in 2015, everything came crashing down. An operator of the site in his early twenties was raided by local police and arrested. An older Turkish man, who was accused of receiving donations from users and setting up Swefilmer’s deals with advertisers, was later arrested in Germany.

Their activities between November 2013 and June 2015 landed them an appearance before the Varberg District Court last January, where they were accused of making more than $1.5m in advertising revenue from copyright infringement.

The prosecutor described the site as being like “organized crime”. The then 26-year-old was described as the main player behind the site, with the then 23-year-old playing a much smaller role. The latter received an estimated $4,000 of the proceeds, the former was said to have pocketed more than $1.5m.

As expected, things didn’t go well. The older man, who was described as leading a luxury lifestyle, was convicted of 1,044 breaches of copyright law and serious money laundering offenses. He was sentenced to three years in prison and ordered to forfeit 14,000,000 SEK (US$1.68m).

Due to his minimal role, the younger man was given probation and ordered to complete 120 hours of community service. Speaking with TorrentFreak at the time, the 23-year-old said he was relieved at the relatively light sentence but noted it may not be over yet.

Indeed, as is often the case with these complex copyright prosecutions, the matter found itself at the Court of Appeal of Western Sweden. On Wednesday its decision was handed down and it’s bad news for both men.

“The Court of Appeal, like the District Court, judges the men for breach of copyright law,” the Court said in a statement.

“They are judged to have made more than 1,400 copyrighted films available through the Swefilmer streaming service, without obtaining permission from copyright holders. One of the men is also convicted of gross money laundering because he received revenues from the criminal activity.”

In respect of the now 27-year-old, the Court decided to hand down a much more severe sentence, extending the term of imprisonment from three to four years.

There was some better news in respect of the amount he has to forfeit to the state, however. The District Court set this amount at 14,000,000 SEK (US$1.68m) but the Court of Appeal reduced it to ‘just’ 4,000,000 SEK (US$482,280).

The younger man’s conditional sentence was upheld but community service was replaced with a fine of 10,000 SEK (US$1,200). Also, along with his accomplice, he must now pay significant damages to a Norwegian plaintiff in the case.

“Both men will jointly pay damages of NOK 2.2 million (US$283,000) together with interest to Nordisk Film A / S for copyright infringement in one of the films posted on the website,” the Court writes in its decision.

But even now, the matter may not be closed. Ansgar Firsching, the older man’s lawyer, told SVT that the case could go all the way to the Supreme Court.

“I have informed my client about the content of the judgment and it is highly likely that he will turn to the Supreme Court,” Firsching said.

It appears that the 27-year-old will argue that at the time of the alleged offenses, merely linking to copyrighted content was not a criminal offense but whether this approach will succeed is seriously up for debate.

While linking was previously considered by some to sit in a legal gray area, the District Court drew heavily on the GS Media ruling handed down by the European Court of Justice in September 2016.

In that case, the EU Court found that those who post links to content they do not know is infringing in a non-commercial environment usually don’t commit infringement. The Swefilmer case doesn’t immediately appear to fit either of those parameters.

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

Streaming Joshua v Parker is Illegal But Re-Streaming is the Real Danger

Post Syndicated from Andy original https://torrentfreak.com/streaming-joshua-v-parker-is-illegal-but-re-streaming-is-the-real-danger-180329/

This Saturday evening, Anthony Joshua and Joseph Parker will string up their gloves and do battle in one of the most important heavyweight bouts of recent times.

Joshua will put an unbeaten professional record and his WBA, IBF and IBO world titles on the line. Parker – also unbeaten professionally – will put his WBO belt up for grabs. It’s a mouthwatering proposition for fight fans everywhere.

While the collision will take place at the Principality Stadium in Cardiff in front of a staggering 80,000 people, millions more will watch the fight in front of the TV at home, having paid Sky Sports Box Office up to £24.95 for the privilege.

Of course, hundreds of thousands won’t pay a penny, instead relying on streams delivered via illicit Kodi addons, Android apps, and IPTV services. While these options are often free, quality and availability on the night is far from guaranteed. Even those paying for premium ‘pirate’ access have been let down at the last minute but in the scheme of things, that’s generally unlikely.

Despite the uncertainty, this morning the Police Intellectual Property Crime Unit and Federation Against Copyright Theft took the unusual step of issuing a joint warning to people thinking of streaming the fight to their homes illegally.

“Consumers need to be aware that streaming without the right permissions or subscriptions is no longer a grey area,” PIPCU and FACT said in a statement.

“In April last year the EU Court of Justice ruled that not only was selling devices allowing access to copyrighted content illegal, but using one to stream TV, sports or films without an official subscription is also breaking the law.”

The decision, which came as part of the BREIN v Filmspeler case, found that obtaining a copyright-protected work “from a website belonging to a third party offering that work without the consent of the copyright holder” was an illegal act.

While watching the fight via illicit streams is undoubtedly illegal, tracking people who simply view content is extremely difficult and there hasn’t been a single prosecution in the UK (or indeed anywhere else that we’re aware of) against anyone doing so.

That being said, those who make content available for others to watch illegally are putting themselves at considerable risk. While professional pirate re-streamers tend to have better security, Joe Public who points his phone at his TV Saturday night to stream the fight on Facebook should take time out to consider his actions.

In January, Sky revealed that 34-year-old Craig Foster had been caught by the company after someone re-streamed the previous year’s Anthony Joshua vs Wladimir Klitschko fight on Facebook Live using Foster’s Sky account.

Foster had paid Sky for the fight but he claims that a friend used his iPad to record the screen and re-stream the fight to Facebook. Sky, almost certainly using tracking watermarks (example below), traced the ‘pirate’ stream back to Foster’s set-top box.

Watermarks during the Mayweather v McGregor fight

The end result was a technical knockout for Sky who suspended Foster’s Sky subscription and then agreed not to launch a lawsuit providing he paid the broadcaster £5,000.

“The public should be aware that misusing their TV subscriptions has serious repercussions,” said PIPCU and FACT referring to the case this morning.

“For example, customers found to be illegally sharing paid-for content can have their subscription account terminated immediately and can expect to be prosecuted and fined.”

While we know for certain this has happened at least once, TorrentFreak contacted FACT this morning for details on how many Sky subscribers have been caught, warned, and/or prosecuted by Sky in this manner. FACT told us they don’t have any figures but offered the following statement from CEO Kieron Sharp.

“Not only is FACT working closely with broadcasters and rights owners to identify the original source of illegally re-streamed content, but with support from law enforcement, government and social media platforms, we are tightening the net on digital piracy,” Sharp said.

Finally, it’s also worth keeping in mind that even when people live-stream an illegal yet non-watermarked stream to Facebook, they can still be traced by Sky.

As revelations this week have shown only too clearly, Facebook knows a staggering amount about its users so tracking an illegal stream back to a person would be child’s play for a determined rightsholder with a court order.

While someone attracting a couple of dozen viewers might not be at a major risk of repercussions, a viral stream might require the use of a calculator to assess the damages claimed by Sky. Like boxing, this kind of piracy is best left to the professionals to avoid painful and unnecessary trauma.

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

Dotcom’s Bid to Compel Obama to Give Evidence Rejected By High Court

Post Syndicated from Andy original https://torrentfreak.com/dotcoms-bid-to-compel-obama-to-give-evidence-rejected-by-high-court-180321/

With former US president Barack Obama in New Zealand until Friday, the visit provided a golden opportunity for Kim Dotcom to pile on yet more pressure over the strained prosecution of both him and his defunct cloud storage site, Megaupload.

In a statement issued yesterday, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

Mainly, however, Dotcom shone yet more light on what he perceives to be the dark politics behind the case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing funding. He says they pulled out all the stops and trampled his rights to prevent that from happening.

In a lengthy affidavit, filed this week to coincide with Obama’s visit, Dotcom called on the High Court to compel the former president to give evidence in the entrepreneur’s retaliatory multi-billion dollar damages claim against the Kiwi government.

This morning, however, Chief High Court Judge, Justice Geoffrey Venning, quickly shut that effort down.

With Obama enjoying a round of golf alongside former Prime Minister and Dotcom nemesis John Key, Justice Venning declined the request to compel Obama to give evidence, whether in New Zealand during the current visit or via letter of request to judicial authorities in the United States.

In his decision, Justice Venning notes that Dotcom’s applications were filed late on March 19 and the matter was only handed to him yesterday. As a result, he convened a telephone conference this morning to “deal with the application as a matter of urgency.”

Dotcom’s legal team argued that in the absence of a Court order it’s unlikely that Obama would give evidence. Equally, given that no date has yet been set for Dotcom’s damages hearing, it will “not be practicable” to serve Obama at a later point in the United States.

Furthermore, absent an order compelling his attendance, Obama would be unlikely to be called as a witness, despite him being the most competent potential witness currently present in New Zealand.

Dotcom counsel Ron Mansfield accepted that there would be practical limitations on what could be achieved between March 21 and March 23 while Obama is in New Zealand. However, he asked that an order be granted so that it could be served while Obama is in the country, even if the examination took place at a later date.

The Judge wasn’t convinced.

“Despite Mr Mansfield’s concession, I consider the application is still premature. The current civil proceedings were only filed on 22 December 2017. The defendants have applied for an order deferring the filing of a statement of defense pending the determination of the hearing of two appeals currently before the Court of Appeal. That application is yet to be determined,” Justice Venning’s decision reads.

The Judge also questions whether evidence Obama could give would be relevant.

He notes that Dotcom’s evidence is based on the fact that Hollywood was a major benefactor of the Democratic Party in the United States and that, in his opinion, the action against Megaupload and him “met the United States’ need to appease the Hollywood lobby” and “that the United States and New Zealand’s interests were perfectly aligned.”

However, Dotcom’s transcripts of his conversations with a lobbyist, which appeared to indicate Obama’s dissatisfaction with the Megaupload prosecution, are dismissed as “hearsay evidence”. Documentation of a private lunch with Obama and the head of the MPAA is also played down.

“Mr Dotcom’s opinion that Mr Obama’s evidence will be relevant to the present claims appears at best speculative,” the Judge notes.

But even if the evidence had been stronger, Justice Venning says that Obama would need to be given time to prepare for an examination, given that it would relate to matters that occurred several years ago.

“He would need to review relevant documents and materials from the time in preparation for any examination. That confirms the current application is premature,” the Judge writes.

In support, it is noted that Dotcom knew as early as February 21 that Obama’s visit would be taking place this week, yet his application was filed just days ago.

With that, the Judge dismissed the application, allowing Obama to play golf in peace. Well, relative peace at least. Dotcom isn’t done yet.

“I am disappointed of course because I believe my affidavit contains compelling evidence of the link between the Obama administration, Hollywood, and my extradition proceeding. However, after seven years of this, I am used to fighting to get to the truth and will keep fighting. Next round!” Dotcom said in response.

“The judgment is no surprise and we’ll get the opportunity to question Obama sooner or later,” he added.

As a further indication of the international nature of Dotcom’s case, the Megaupload founder also reminded people of his former connections to Hong Kong, noting that people in power there are keeping an eye on his case.

“The Chinese Government is watching my case with interest. Expect some bold action in the Hong Kong Courts soon. Never again shall an accusation from the US DOJ be enough to destroy a Hong Kong business. That lesson will soon be learned,” he said.

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

Pirate Site Admins Receive Suspended Sentences, Still Face €60m Damages Claim

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-admins-receive-suspended-sentences-still-face-e60m-damages-claim-180313/

After being founded in 2009, French site Liberty Land (LL) made its home in Canada. At the time listed among France’s top 200 sites, Liberty Land carried an estimated 30,000 links to a broad range of unlicensed content.

Like many other indexes of its type, LL carried no content itself but hosted links to content hosted elsewhere, on sites like Megaupload and Rapidshare, for example. This didn’t save the operation from an investigation carried out by rightsholder groups SACEM and ALPA, which filed a complaint against Liberty Land with the French authorities in 2010.

Liberty Land

In May 2011 and alongside complaints from police that the people behind Liberty Land had taken extreme measures to hide themselves away, authorities arrested several men linked to the site in Marseille, near Le Havre, and in the Paris suburb of Montreuil.

Despite the men facing a possible five years in jail and fines of up to $700,000, the inquiry dragged on for nearly seven years. The trial of its alleged operators, now aged between 29 and 36-years-old, finally went ahead January 30 in Rennes.

The men faced charges that they unlawfully helped to distribute movies, TV series, games, software, music albums and e-books without permission from rightsholders. In court, one defended the site as being just like Google.

“For me, we had the same role as Google,” he said. “We were an SEO site. There is a difference between what we were doing and the distribution of pirated copies on the street.”

According to the prosecution, the site made considerable revenues from advertising, estimated at more than 300,000 euros between January 2009 and May 2011. The site’s two main administrators reportedly established an offshore company in the British Virgin Islands and a bank account in Latvia where they deposited between 100,000 and 150,000 euros each.

The prosecutor demanded fines for the former site admins and sentences of between six and 12 months in prison. Last week the Rennes Criminal Court rendered its decision, sentencing the four men to suspended sentences of between two and three months. More than 176,000 euros generated by the site was also confiscated by the Court.

While the men will no doubt be relieved that this extremely long case has reached a conclusion of sorts, it’s not over yet. 20minutes reports that the claims for damages filed by copyright groups including SACEM won’t be decided until September and they are significant, totaling 60 million euros.

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

Hollywood Commissioned Tough Jail Sentences for Online Piracy, ISP Says

Post Syndicated from Andy original https://torrentfreak.com/hollywood-commissioned-tough-jail-sentences-for-online-piracy-isp-says-180227/

According to local prosecutors who have handled many copyright infringement cases over the past decade, Sweden is nowhere near tough enough on those who commit online infringement.

With this in mind, the government sought advice on how such crimes should be punished, not only more severely, but also in proportion to the damages alleged to have been caused by defendants’ activities.

The corresponding report was returned to Minister for Justice Heléne Fritzon earlier this month by Council of Justice member Dag Mattsson. The paper proposed a new tier of offenses that should receive special punishment when there are convictions for large-scale copyright infringement and “serious” trademark infringement.

Partitioning the offenses into two broad categories, the report envisions those found guilty of copyright infringement or trademark infringement “of a normal grade” may be sentenced to fines or imprisonment up to a maximum of two years. For those at the other end of the scale, engaged in “cases of gross crimes”, the penalty sought is a minimum of six months in prison and not more than six years.

The proposals have been criticized by those who feel that copyright infringement shouldn’t be put on a par with more serious and even potentially violent crimes. On the other hand, tools to deter larger instances of infringement have been welcomed by entertainment industry groups, who have long sought more robust sentencing options in order to protect their interests.

In the middle, however, are Internet service providers such as Bahnhof, who are often dragged into the online piracy debate due to the allegedly infringing actions of some of their customers. In a statement on the new proposals, the company is clear on why Sweden is preparing to take such a tough stance against infringement.

“It’s not a daring guess that media companies are asking for Sweden to tighten the penalty for illegal file sharing and streaming,” says Bahnhof lawyer Wilhelm Dahlborn.

“It would have been better if the need for legislative change had taken place at EU level and co-ordinated with other similar intellectual property legislation.”

Bahnhof chief Jon Karlung, who is never afraid to speak his mind on such matters, goes a step further. He believes the initiative amounts to a gift to the United States.

“It’s nothing but a commission from the American film industry,” Karlung says.

“I do not mind them going for their goals in court and trying to protect their interests, but it does not mean that the state, the police, and ultimately taxpayers should put mass resources on it.”

Bahnhof notes that the proposals for the toughest extended jail sentences aren’t directly aimed at petty file-sharers. However, the introduction of a new offense of “gross crime” means that the limitation period shifts from the current five years to ten.

It also means that due to the expansion of prison terms beyond two years, secret monitoring of communications (known as HÖK) could come into play.

“If the police have access to HÖK, it can be used to get information about which individuals are file sharing,” warns Bahnhof lawyer Wilhelm Dahlborn.

“One can also imagine a scenario where media companies increasingly report crime as gross in order to get the police to do the investigative work they have previously done. Harder punishments to tackle file-sharing also appear very old-fashioned and equally ineffective.”

As noted in our earlier report, the new proposals also include measures that would enable the state to confiscate all kinds of property, both physical items and more intangible assets such as domain names. Bahnhof also takes issue with this, noting that domains are not the problem here.

“In our opinion, it is not the domain name which is the problem, it is the content of the website that the domain name points to,” the company says.

“Moreover, confiscation of a domain name may conflict with constitutional rules on freedom of expression in a way that is very unfortunate. The issues of freedom of expression and why copyright infringement is to be treated differently haven’t been addressed much in the investigation.”

Under the new proposals, damage to rightsholders and monetary gain by the defendant would also be taken into account when assessing whether a crime is “gross” or not. This raises questions as to what extent someone could be held liable for piracy when a rightsholder maintains damage was caused yet no profit was generated.

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

Pirate Site Operators’ Jail Sentences Overturned By Court of Appeal

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-operators-jail-sentences-overturned-by-court-of-appeal-180226/

With The Pirate Bay proving to be somewhat of an elusive and irritating target, in 2014 police took on a site capturing an increasing portion of the Swedish pirate market.

Unlike The Pirate Bay which uses torrents, Dreamfilm was a portal for streaming content and it quickly grew alongside the now-defunct Swefilmer to dominate the local illicit in-browser viewing sector. But after impressive growth, things came to a sudden halt.

In January 2015, Dreamfilm announced that the site would be shut down after one of its administrators was detained by the authorities and interrogated. A month later, several more Sweden-based sites went down including the country’s second largest torrent site Tankefetast, torrent site PirateHub, and streaming portal Tankefetast Play (TFPlay).

Anti-piracy group Rights Alliance described the four-site networks as one of “Europe’s leading players for illegal file sharing and streaming.”

Image published by Dreamfilm after the raiddreamfilm

After admitting they’d been involved in the sites but insisting they’d committed no crimes, last year four men aged between 21 and 31-years-old appeared in court charged with copyright infringement. It didn’t go well.

The Linköping District Court found them guilty and decided they should all go to prison, with the then 23-year-old founder receiving the harshest sentence of 10 months, a member of the Pirate Party who reportedly handled advertising receiving 8 months, and two others getting six months each. On top, they were ordered to pay damages of SEK 1,000,000 ($122,330) to film industry plaintiffs.

Like many similar cases in Sweden, the case went to appeal and late last week the court handed down its decision which amends the earlier decision in several ways.

Firstly, the Hovrätten (Court of Appeals) agreed that with the District Court’s ruling that the defendants had used dreamfilm.se, tfplay.org, tankafetast.com and piratehub.net as platforms to deliver movies stored on Russian servers to the public.

One defendant owned the domains, another worked as a site supervisor, while the other pair worked as a programmer and in server acquisition, the Court said.

Dagens Juridik reports that the defendants argued that the websites were not a prerequisite for people to access the films, and therefore they had not been made available to a new market.

However, the Court of Appeal agreed with the District Court’s assessment that the links meant that the movies had been made available to a “new audience”, which under EU law means that a copyright infringement had been committed. As far as the samples presented in the case would allow, the men were found to have committed between 45 and 118 breaches of copyright law.

The Court also found that the website operation had a clear financial motive, delivering movies to the public for free while earning money from advertising.

While agreeing with the District Court on most points, the Court of Appeals decided to boost the damages award from SEK 1,000,000 ($122,330) to SEK 4,250,000 ($519,902). However, there was much better news in respect of the prison sentences.

Taking into consideration the young age of the men (who before this case had no criminal records) and the unlikely event that they would offend again, the Court decided that none would have to go to prison as previously determined.

Instead, all of the men were handed conditional sentences with two ordered to pay daily fines, which are penalties based on the offender’s daily personal income.

Last week it was reported that Sweden is preparing to take a tougher line with large-scale online copyright infringers. Proposals currently with the government foresee a new crime of “gross infringement” under both copyright and trademark law, which could lead to sentences of up to six years in prison.

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

TVAddons Suffers Big Setback as Court Completely Overturns Earlier Ruling

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-suffers-big-setback-as-court-completely-overturns-earlier-ruling-180221/

On June 2, 2017 a group 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.

Better known as the man behind Kodi addon repository TVAddons, Lackman was painted as a serial infringer in the complaint. The telecoms companies said that, without gaining permission from rightsholders, Lackman 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, by developing, hosting, distributing and promoting infringing Kodi add-ons.

To limit the harm allegedly caused by TVAddons, the complaint demanded interim, interlocutory, and permanent injunctions restraining Lackman 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.

On June 9, 2017 the Federal Court handed down a time-limited interim injunction against Lackman ex parte, without Lackman being able to mount a defense. Bailiffs took control of TVAddons’ domains but the most controversial move was the granting of an Anton Piller order, a civil search warrant which granted the plaintiffs no-notice permission to enter Lackman’s premises to secure evidence before it could be tampered with.

The order was executed June 12, 2017, with Lackman’s home subjected to a lengthy search during which the Canadian was reportedly refused his right to remain silent. Non-cooperation with an Anton Piller order can amount to a contempt of court, he was told.

With the situation seemingly spinning out of Lackman’s control, unexpected support came from the Honourable B. Richard Bell during a subsequent June 29, 2017 Federal Court hearing to consider the execution of the Anton Piller order.

The Judge said that Lackman had been subjected to a search “without any of the protections normally afforded to litigants in such circumstances” and took exception to the fact that the plaintiffs had ordered Lackman to spill the beans on other individuals in the Kodi addon community. He described this as a hunt for further evidence, not the task of preserving evidence it should’ve been.

Justice Bell concluded by ruling that while the prima facie case against Lackman may have appeared strong before the judge who heard the matter ex parte, the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell vacated the Anton Piller order and dismissed the application for interlocutory injunction.

While this was an early victory for Lackman and TVAddons, the plaintiffs took the decision to an appeal which was heard November 29, 2017. Determined by a three-judge panel and signed by Justice Yves de Montigny, the decision was handed down Tuesday and it effectively turns the earlier ruling upside down.

The appeal had two matters to consider: whether Justice Bell made errors when he vacated the Anton Piller order, and whether he made errors when he dismissed the application for an interlocutory injunction. In short, the panel found that he did.

In a 27-page ruling, the first key issue concerns Justice Bell’s understanding of the nature of both Lackman and TVAddons.

The telecoms companies complained that the Judge got it wrong when he characterized Lackman as a software developer who came up with add-ons that permit users to access material “that is for the most part not infringing on the rights” of the telecoms companies.

The companies also challenged the Judge’s finding that the infringing add-ons offered by the site represented “just over 1%” of all the add-ons developed by Lackman.

“I agree with the [telecoms companies] that the Judge misapprehended the evidence and made palpable and overriding errors in his assessment of the strength of the appellants’ case,” Justice Yves de Montigny writes in the ruling.

“Nowhere did the appellants actually state that only a tiny proportion of the add-ons found on the respondent’s website are infringing add-ons.”

The confusion appears to have arisen from the fact that while TVAddons offered 1,500 add-ons in total, the heavily discussed ‘featured’ addon category on the site contained just 22 add-ons, 16 of which were considered to be infringing according to the original complaint. So, it was 16 add-ons out of 22 being discussed, not 16 add-ons out of a possible 1,500.

“[Justice Bell] therefore clearly misapprehended the evidence in this regard by concluding that just over 1% of the add-ons were purportedly infringing,” the appeals Judge adds.

After gaining traction with Justice Bell in the previous hearing, Lackman’s assertion that his add-ons were akin to a “mini Google” was fiercely contested by the telecoms companies. They also fell flat before the appeal hearing.

Justice de Montigny says that Justice Bell “had been swayed” when Lackman’s expert replicated the discovery of infringing content using Google but had failed to grasp the important differences between a general search engine and a dedicated Kodi add-on.

“While Google is an indiscriminate search engine that returns results based on relevance, as determined by an algorithm, infringing add-ons target predetermined infringing content in a manner that is user-friendly and reliable,” the Judge writes.

“The fact that a search result using an add-on can be replicated with Google is of little consequence. The content will always be found using Google or any other Internet search engine because they search the entire universe of all publicly available information. Using addons, however, takes one to the infringing content much more directly, effortlessly and safely.”

With this in mind, Justice de Montigny says there is a “strong prima facie case” that Lackman, by hosting and distributing infringing add-ons, made the telecoms companies’ content available to the public “at a time of their choosing”, thereby infringing paragraph 2.4(1.1) and section 27 of the Copyright Act.

On TVAddons itself, the Judge said that the platform is “clearly designed” to facilitate access to infringing material since it targets “those who want to circumvent the legal means of watching television programs and the related costs.”

Turning to Lackman, the Judge said he could not claim to have no knowledge of the infringing content delivered by the add-ons distributed on this site, since they were purposefully curated prior to distribution.

“The respondent cannot credibly assert that his participation is content neutral and that he was not negligent in failing to investigate, since at a minimum he selects and organizes the add-ons that find their way onto his website,” the Judge notes.

In a further setback, the Judge draws clear parallels with another case before the Canadian courts involving pre-loaded ‘pirate’ set-top boxes. Justice de Montigny says that TVAddons itself bears “many similarities” with those devices that are already subjected to an interlocutory injunction in Canada.

“The service offered by the respondent through the TVAddons website is no different from the service offered through the set-top boxes. The means through which access is provided to infringing content is different (one relied on hardware while the other relied on a website), but they both provided unauthorized access to copyrighted material without authorization of the copyright owners,” the Judge finds.

Continuing, the Judge makes some pointed remarks concerning the execution of the Anton Piller order. In short, he found little wrong with the way things went ahead and also contradicted some of the claims and beliefs circulated in the earlier hearing.

Citing the affidavit of an independent solicitor who monitored the order’s execution, the Judge said that the order was explained to Lackman in plain language and he was informed of his right to remain silent. He was also told that he could refuse to answer questions other than those specified in the order.

The Judge said that Lackman was allowed to have counsel present, “with whom he consulted throughout the execution of the order.” There was nothing, the Judge said, that amounted to the “interrogation” alluded to in the earlier hearing.

Justice de Montigny also criticized Justice Bell for failing to take into account that Lackman “attempted to conceal crucial evidence and lied to the independent supervising solicitor regarding the whereabouts of that evidence.”

Much was previously made of Lackman apparently being forced to hand over personal details of third-parties associated directly or indirectly with TVAddons. The Judge clarifies what happened in his ruling.

“A list of names was put to the respondent by the plaintiffs’ solicitors, but it was apparently done to expedite the questioning process. In any event, the respondent did not provide material information on the majority of the aliases put to him,” the Judge reveals.

But while not handing over evidence on third-parties will paint Lackman in a better light with concerned elements of the add-on community, the Judge was quick to bring up the Canadian’s history and criticized Justice Bell for not taking it into account when he vacated the Anton Piller order.

“[T]he respondent admitted that he was involved in piracy of satellite television signals when he was younger, and there is evidence that he was involved in the configuration and sale of ‘jailbroken’ Apple TV set-top boxes,” Justice de Montigny writes.

“When juxtaposed to the respondent’s attempt to conceal relevant evidence during the execution of the Anton Piller order, that contextual evidence adds credence to the appellants’ concern that the evidence could disappear without a comprehensive order.”

Dismissing Justice Bell’s findings as “fatally flawed”, Justice de Montigny allowed the appeal of the telecoms companies, set aside the order of June 29, 2017, declared the Anton Piller order and interim injunctions legal, and granted an interlocutory injunction to remain valid until the conclusion of the case in Federal Court. The telecoms companies were also awarded costs of CAD$50,000.

It’s worth noting that despite all the detail provided up to now, the case hasn’t yet got to the stage where the Court has tested any of the claims put forward by the telecoms companies. Everything reported to date is pre-trial and has been taken at face value.

TorrentFreak spoke with Adam Lackman but since he hadn’t yet had the opportunity to discuss the matter with his lawyers, he declined to comment further on the record. There is a statement on the TVAddons website which gives his position on the story so far.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Kim Dotcom Begins New Fight to Avoid Extradition to United States

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-begins-new-fight-to-avoid-extradition-to-united-states-180212/

More than six years ago in January 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

What followed was an epic legal battle to extradite Dotcom, Mathias Ortmann, Finn Batato, and Bram van der Kolk to the United States to face several counts including copyright infringement, racketeering, and money laundering. Dotcom has battled the US government every inch of the way.

The most significant matters include the validity of the search warrants used to raid Dotcom’s Coatesville home on January 20, 2012. Despite a prolonged trip through the legal system, in 2014 the Supreme Court dismissed Dotcom’s appeals that the search warrants weren’t valid.

In 2015, the District Court later ruled that Dotcom and his associates are eligible for extradition. A subsequent appeal to the High Court failed when in February 2017 – and despite a finding that communicating copyright-protected works to the public is not a criminal offense in New Zealand – a judge also ruled in favor.

Of course, Dotcom and his associates immediately filed appeals and today in the Court of Appeal in Wellington, their hearing got underway.

Lawyer Grant Illingworth, representing Van der Kolk and Ortmann, told the Court that the case had “gone off the rails” during the initial 10-week extradition hearing in 2015, arguing that the case had merited “meaningful” consideration by a judge, something which failed to happen.

“It all went wrong. It went absolutely, totally wrong,” Mr. Illingworth said. “We were not heard.”

As expected, Illingworth underlined the belief that under New Zealand law, a person may only be extradited for an offense that could be tried in a criminal court locally. His clients’ cases do not meet that standard, the lawyer argued.

Turning back the clocks more than six years, Illingworth again raised the thorny issue of the warrants used to authorize the raids on the Megaupload defendants.

It had previously been established that New Zealand’s GCSB intelligence service had illegally spied on Dotcom and his associates in the lead up to their arrests. However, that fact was not disclosed to the District Court judge who authorized the raids.

“We say that there was misleading conduct at this stage because there was no reference to the fact that information had been gathered illegally by the GCSB,” he said.

But according to Justice Forrest Miller, even if this defense argument holds up the High Court had already found there was a prima facie case to answer “with bells on”.

“The difficulty that you face here ultimately is whether the judicial process that has been followed in both of the courts below was meaningful, to use the Canadian standard,” Justice Miller said.

“You’re going to have to persuade us that what Justice Gilbert [in the High Court] ended up with, even assuming your interpretation of the legislation is correct, was wrong.”

Although the US seeks to extradite Dotcom and his associates on 13 charges, including racketeering, copyright infringement, money laundering and wire fraud, the Court of Appeal previously confirmed that extradition could be granted based on just some of the charges.

The stakes couldn’t be much higher. The FBI says that the “Megaupload Conspiracy” earned the quartet $175m and if extradited to the US, they could face decades in jail.

While Dotcom was not in court today, he has been active on Twitter.

“The court process went ‘off the rails’ when the only copyright expert Judge in NZ was >removed< from my case and replaced by a non-tech Judge who asked if Mega was ‘cow storage’. He then simply copy/pasted 85% of the US submissions into his judgment," Dotcom wrote.

Dotcom also appeared to question the suitability of judges at both the High Court and Court of Appeal for the task in hand.

“Justice Miller and Justice Gilbert (he wrote that High Court judgment) were business partners at the law firm Chapman Tripp which represents the Hollywood Studios in my case. Both Judges are now at the Court of Appeal. Gilbert was promoted shortly after ruling against me,” Dotcom added.

Dotcom is currently suing the New Zealand government for billions of dollars in damages over the warrant which triggered his arrest and the demise of Megaupload.

The hearing is expected to last up to two-and-a-half weeks.

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Jailed Streaming Site Operator Hit With Fresh $3m Damages Lawsuit

Post Syndicated from Andy original https://torrentfreak.com/jailed-streaming-site-operator-hit-with-fresh-3m-damages-lawsuit-180207/

After being founded more than half a decade ago, Swefilmer grew to become Sweden’s most popular movie and TV show streaming site. It was only a question of time before authorities stepped in to bring the show to an end.

In 2015, a Swedish operator of the site in his early twenties was raided by local police. A second man, Turkish and in his late twenties, was later arrested in Germany.

The pair, who hadn’t met in person, appeared before the Varberg District Court in January 2017, accused of making more than $1.5m from their activities between November 2013 and June 2015.

The prosecutor described Swefilmer as “organized crime”, painting the then 26-year-old as the main brains behind the site and the 23-year-old as playing a much smaller role. The former was said to have led a luxury lifestyle after benefiting from $1.5m in advertising revenue.

The sentences eventually handed down matched the defendants’ alleged level of participation. While the younger man received probation and community service, the Turk was sentenced to serve three years in prison and ordered to forfeit $1.59m.

Very quickly it became clear there would be an appeal, with plaintiffs represented by anti-piracy outfit RightsAlliance complaining that their 10m krona ($1.25m) claim for damages over the unlawful distribution of local movie Johan Falk: Kodnamn: Lisa had been ruled out by the Court.

With the appeal hearing now just a couple of weeks away, Swedish outlet Breakit is reporting that media giant Bonnier Broadcasting has launched an action of its own against the now 27-year-old former operator of Swefilmer.

According to the publication, Bonnier’s pay-TV company C More, which distributes for Fox, MGM, Paramount, Universal, Sony and Warner, is set to demand around 24m krona ($3.01m) via anti-piracy outfit RightsAlliance.

“This is about organized crime and grossly criminal individuals who earned huge sums on our and others’ content. We want to take every opportunity to take advantage of our rights,” says Johan Gustafsson, Head of Corporate Communications at Bonnier Broadcasting.

C More reportedly filed its lawsuit at the Stockholm District Court on January 30, 2018. At its core are four local movies said to have been uploaded and made available via Swefilmer.

“C More would probably never even have granted a license to [the operator] to make or allow others to make the films available to the public in a similar way as [the operator] did, but if that had happened, the fee would not be less than 5,000,000 krona ($628,350) per film or a total of 20,000,000 krona ($2,513,400),” C More’s claim reads.

Speaking with Breakit, lawyer Ansgar Firsching said he couldn’t say much about C More’s claims against his client.

“I am very surprised that two weeks before the main hearing [C More] comes in with this requirement. If you open another front, we have two trials that are partly about the same thing,” he said.

Firsching said he couldn’t elaborate at this stage but expects his client to deny the claim for damages. C More sees things differently.

“Many people live under the illusion that sites like Swefilmer are driven by idealistic teens in their parents’ basements, which is completely wrong. This is about organized crime where our content is used to generate millions and millions in revenue,” the company notes.

The appeal in the main case is set to go ahead February 20th.

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Udemy Targets ‘Pirate’ Site Giving Away its Paid Courses For Free

Post Syndicated from Andy original https://torrentfreak.com/udemy-targets-pirate-site-giving-away-its-paid-courses-for-free-180129/

While there’s no shortage of people who advocate free sharing of movies and music, passions are often raised when it comes to the availability of educational information.

Significant numbers of people believe that learning should be open to all and that texts and associated materials shouldn’t be locked away by copyright holders trying to monetize knowledge. Of course, people who make a living creating learning materials see the position rather differently.

A clash of these ideals is brewing in the United States where online learning platform Udemy has been trying to have some of its courses taken down from FreeTutorials.us, a site that makes available premium tutorials and other learning materials for free.

Early December 2017, counsel acting for Udemy and a number of its individual and corporate instructors (Maximilian Schwarzmüller, Academind GmbH, Peter Dalmaris, Futureshock Enterprises, Jose Marcial Portilla, and Pierian Data) wrote to FreeTutorials.us with DMCA takedown notice.

“Pursuant to 17 U.S.C. § 512(c)(3)(A) of the Digital Millennium Copyright Act (‘DMCA’), this communication serves as a notice of infringement and request for removal of certain web content available on freetutorials.us,” the letter reads.

“I hereby request that you remove or disable access to the material listed in Exhibit A in as expedient a fashion as possible. This communication does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.”

A small sample of Exhibit A

On January 10, 2018, the same law firm wrote to Cloudflare, which provides services to FreeTutorials. The DMCA notice asked Cloudflare to disable access to the same set of infringing content listed above.

It seems likely that whatever happened next wasn’t to Udemy’s satisfaction. On January 16, an attorney from the same law firm filed a DMCA subpoena at a district court in California. A DMCA subpoena can enable a copyright holder to obtain the identity of an alleged infringer without having to file a lawsuit and without needing a signature from a judge.

The subpoena was directed at Cloudflare, which provides services to FreeTutorials. The company was ordered to hand over “all identifying information identifying the owner, operator and/or contact person(s) associated with the domain www.freetutorials.us, including but not limited to name(s), address(es), telephone number(s), email address(es), Internet protocol connection records, administrative records and billing records from the time the account was established to the present.”

On January 26, the date by which Cloudflare was ordered to hand over the information, Cloudflare wrote to FreeTutorials with a somewhat late-in-the-day notification.

“We received the attached subpoena regarding freetutorials.us, a domain managed through your Cloudflare account. The subpoena requires us to provide information in our systems related to this website,” the company wrote.

“We have determined that this is a valid subpoena, and we are required to provide the requested information. In accordance with our Privacy Policy, we are informing you before we provide any of the requested subscriber information. We plan to turn over documents in response to the subpoena on January 26th, 2018, unless you intervene in the case.”

With that deadline passing last Friday, it’s safe to say that Cloudflare has complied with the subpoena as the law requires. However, TorrentFreak spoke with FreeTutorials who told us that the company doesn’t hold anything useful on them.

“No, they have nothing,” the team explained.

Noting that they’ll soon dispense with the services of Cloudflare, the team confirmed that they had received emails from Udemy and its instructors but hadn’t done a lot in response.

“How about a ‘NO’? was our answer to all the DMCA takedown requests from Udemy and its Instructors,” they added.

FreeTutorials (FTU) are affiliated with FreeCoursesOnline (FCO) and seem passionate about what they do. In common with others who distribute learning materials online, they express a belief in free education for all, irrespective of financial resources.

“We, FTU and FCO, are a group of seven members assorted as a team from different countries and cities. We are JN, SRZ aka SunRiseZone, Letap, Lihua Google Drive, Kaya, Zinnia, Faiz MeemBazooka,” a spokesperson revealed.

“We’re all members and colleagues and we also have our own daily work and business stuff to do. We have been through that phase of life when we didn’t have enough money to buy books and get tuition or even apply for a good course that we always wanted to have, so FTU & FCO are just our vision to provide Free Education For Everyone.

“We would love to change our priorities towards our current and future projects, only if we manage to get some faithful FTU’ers to join in and help us to grow together and make FTU a place it should be.”

TorrentFreak requested comment from Udemy but at the time of publication, we were yet to hear back. However, we did manage to get in touch with Jonathan Levi, an Udemy instructor who sent this takedown notice to the site in October 2017:

“I’m writing to you on behalf of SuperHuman Enterprises, LLC. You are in violation of our copyright, using our images, and linking to pirated copies of our courses. Remove them IMMEDIATELY or face severe legal action….You have 48 hours to comply,” he wrote, adding:

“And in case you’re going to say I don’t have evidence that I own the files, it’s my fucking face in the videos.”

Levi says that the site had been non-responsive so now things are being taken to the next level.

“They don’t reply to takedowns, so we’ve joined a class action lawsuit against FTU lead by Udemy and a law firm specializing in this type of thing,” Levi concludes.

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

Dish Network Files Two Lawsuits Against Pirate IPTV Providers

Post Syndicated from Andy original https://torrentfreak.com/dish-network-files-two-lawsuits-against-pirate-iptv-providers-180103/

In broad terms, there are two types of unauthorized online streaming of live TV. The first is via open-access websites where users can view for free. The second features premium services to which viewers are required to subscribe.

Usually available for a few dollars, euros, or pounds per month, the latter are gaining traction all around the world. Service levels are relatively high and the majority of illicit packages offer a dazzling array of programming, often putting official providers in the shade.

For this reason, commercial IPTV providers are considered a huge threat to broadcasters’ business models, since they offer a broadly comparable and accessible service at a much cheaper price. This is forcing companies such as US giant Dish Networks to court, seeking relief.

Following on from a lawsuit filed last year against Kodi add-on ZemTV and TVAddons.ag, Dish has just filed two more lawsuits targeting a pair of unauthorized pirate IPTV services.

Filed in Maryland and Texas respectively, the actions are broadly similar, with the former targeting a provider known as Spider-TV.

The suit, filed against Dima Furniture Inc. and Mohammad Yusif (individually and collectively doing business as Spider-TV), claims that the defendants are “capturing
broadcasts of television channels exclusively licensed to DISH and are unlawfully retransmitting these channels over the Internet to their customers throughout the United States, 24 hours per day, 7 days per week.”

Dish claim that the defendants profit from the scheme by selling set-top boxes along with subscriptions, charging around $199 per device loaded with 13 months of service.

Dima Furniture is a Maryland corporation, registered at Takoma Park, Maryland 20912, an address that is listed on the Spider-TV website. The connection between the defendants is further supported by FCC references which identify Spider devices in the market. Mohammad Yusif is claimed to be the president, executive director, general manager, and sole shareholder of Dima Furniture.

Dish describes itself as the fourth largest pay-television provider in the United States, delivering copyrighted programming to millions of subscribers nationwide by means of satellite delivery and over-the-top services. Dish has acquired the rights to do this, the defendants have not, the broadcaster states.

“Defendants capture live broadcast signals of the Protected Channels, transcode these signals into a format useful for streaming over the Internet, transfer the transcoded content to one or more servers provided, controlled, and maintained by Defendants, and then transmit the Protected Channels to users of the Service through
OTT delivery, including users in the United States,” the lawsuit reads.

It’s claimed that in July 2015, Yusif registered Spider-TV as a trade name of Dima Furniture with the Department of Assessments and Taxation Charter Division, describing the business as “Television Channel Installation”. Since then, the defendants have been illegally retransmitting Dish channels to customers in the United States.

The overall offer from Spider-TV appears to be considerable, with a claimed 1,300 channels from major regions including the US, Canada, UK, Europe, Middle East, and Africa.

Importantly, Dish state that the defendants know that their activities are illegal, since the provider sent at least 32 infringement notices since January 20, 2017 demanding an end to the unauthorized retransmission of its channels. It went on to send even more to the defendants’ ISPs.

“DISH and Networks sent at least thirty-three additional notices requesting the
removal of infringing content to Internet service providers associated with the Service from February 16, 2017 to the filing of this Complaint. Upon information and belief, at least some of these notices were forwarded to Defendants,” the lawsuit reads.

But while Dish says that the takedowns responded to by the ISPs were initially successful, the defendants took evasive action by transmitting the targeted channels from other locations.

Describing the defendants’ actions as “willful, malicious, intentional [and] purposeful”, Dish is suing for Direct Copyright Infringement, demanding a permanent injunction preventing the promotion and provision of the service plus statutory damages of $150,000 per registered work. The final amount isn’t specified but the numbers are potentially enormous. In addition, Dish demands attorneys’ fees, costs, and the seizure of all infringing articles.

The second lawsuit, filed in Texas, is broadly similar. It targets Mo’ Ayad Al
Zayed Trading Est., and Mo’ Ayad Fawzi Al Zayed (individually and collectively doing business as Tiger International Company), and Shenzhen Tiger Star Electronical Co., Ltd, otherwise known as Shenzhen Tiger Star.

Dish claims that these defendants also illegally capture and retransmit channels to customers in the United States. IPTV boxes costing up to $179 including one year’s service are the method of delivery.

In common with the Maryland case, Dish says it sent almost two dozen takedown notices to ISPs utilized by the defendants. These were also countered by the unauthorized service retransmitting Dish channels from other servers.

The biggest difference between the Maryland and Texas cases is that while Yusif/Spider/Dima Furniture are said to be in the US, Zayed is said to reside in Amman, Jordan, and Tiger Star is registered in Shenzhen, China. However, since the unauthorized service is targeted at customers in Texas, Dish states that the Texas court has jurisdiction.

Again, Dish is suing for Direct Infringement, demanding damages, costs, and a permanent injunction.

The complaints can be found here and here.

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Yet More Copyright Trolls Invade Sweden Demanding Much More Money

Post Syndicated from Andy original https://torrentfreak.com/yet-more-copyright-trolls-invade-sweden-demanding-much-more-money-171221/

Back in 2016, so-called copyright-trolling landed in Sweden for the first time via an organization calling itself Spridningskollen (Distribution Check). Within months, however, it was all over, with the operation heading for the hills after much negative publicity.

February this year, another wave of trolling hit the country, with Danish law firm Njord Law targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Thousands of IP addresses had been harvested by its media company partners, potentially linking to thousands of subscribers.

“We have sent out a few thousand letters, but we have been given the right to obtain information behind many more IP addresses that we are waiting to receive from the telecom operators. So there are more,” lawyer Jeppe Brogaard Clausen said in October.

But while Internet users in Sweden wait for news of how this campaign is progressing, multiple new threats are appearing on the horizon. Swedish publication Breakit reports that several additional law firms in Sweden are also getting in on the action with one, Innerstans Advokatbyrå, already sending out demands to alleged file-sharers.

“By downloading and uploading the movie without permission from the copyright holder, you have committed a copyright infringement,” its letter warns.

“However, the rightsholder wishes to propose a conciliation solution consisting of paying a flat rate of 7,000 kronor [$831] in one payment for all of the copyright infringements in question.”

The demand for 7,000 kronor is significantly more than 4,500 kronor ($535) demanded by Njord Law but Innerstans Advokatbyrå warns that this amount will only be the beginning, should an alleged pirate fail to pay up and the case goes to court.

“If this happens, the amount will not be limited to 7,000 kronor but will compensate for the damage suffered and will include compensation for investigative costs, application fees and attorney fees,” the company warns.

Breakit spoke with Alex Block at Innerstans Advokatbyrå who wouldn’t reveal how many letters had been sent out. However, he did indicate that while damages amounts will be decided by the court, a license for a shared film can cost 80,000 kronor ($12,800).

“This will last for a long time, and to a large extent,” he said.

Of course, we’ve reported on plenty of these campaigns before and their representatives all state that people will be taken to court if they don’t pay. This one is no different, with Block assuring the public that if they don’t pay, court will follow. The credibility of the campaign is at stake, he notes.

“It’s our intention [to go to court], even if we prefer to avoid it. We must make reality of our requirements, otherwise it will not work,” he says.

Breakit says it has seen a copy of one letter from the lawfirm, which reveals a collaboration between US film company Mile High Distribution Inc. and Mircom International Content Management & Consulting Ltd.

Mircom is extremely well known in trolling circles having conducted campaigns in several areas of the EU. German outfit Media Protector is also involved, having tracked the IP addresses of the alleged pirates. This company also has years of experience working with copyright trolls.

With several other law firms apparently getting in on the action, Swedish authorities need to ensure that the country doesn’t become another Germany where trolls have run rampant for a number of years, causing misery for thousands.

While that help may not necessarily be forthcoming, it’s perhaps a little surprising that given Sweden’s proud and recent history of piracy activism, there appear to be very few signs of a visible and organized pushback from the masses. That will certainly please the trolls, who tend to thrive when unchallenged.

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Canadian Government Triggers Major Copyright Review

Post Syndicated from Andy original https://torrentfreak.com/canadian-government-triggers-major-copyright-review-171214/

The Copyright Act of Canada was first passed in 1921 and in the decades that followed has undergone considerable amendment.

Between 2005 and 2010, several bills failed to gain traction due to opposition but in 2011 the Copyright Modernization Act was tabled. A year later, in the summer of 2012, it was passed into law.

The Act tackles a number of important issues, such as allowing time and format shifting, plus backup copies, as long as DRM isn’t circumvented along the way. So-called ‘fair dealing’ also enjoys expansion while statutory damages for non-commercial scale infringement are capped at CAD$5000 per proceeding. Along with these changes sits the “notice-and-notice” regime, in which ISPs forward infringement notices to subscribers on behalf of copyright holders.

The Act also mandates a review of copyright law every five years, a period that expired at the end of June 2017. Yesterday a House of Commons motion triggered the required parliamentary review, which will be carried out by the Standing Committee on Industry, Science and Technology. It didn’t take long for the music industry to make its position known.

Music Canada, whose key members are Sony Music, Universal Music and Warner Music, enthusiastically welcomed the joint announcement from the Minister of Innovation, Science and Economic Development and the Minister of Canadian Heritage.

“I applaud Minister Bains and Minister Joly for initiating this review of the Copyright Act,” said Graham Henderson, President and CEO of Music Canada.

“Music creators, and all creators who depend on copyright, deserve a Copyright Act that protects their rights when their works are commercialized by others. This is our chance to address the Value Gap threatening the livelihood of Canadian creators and the future of Canadian culture.”

That the so-called “Value Gap” has been immediately thrown on the table comes as no surprise. The term, which loosely refers to the way user-generated platforms like YouTube are able to avoid liability for infringing content while generating revenue from it, is a hot topic around the world at the moment.

In the US and Europe, for example, greater emphasis is being placed on YouTube’s position than on piracy itself, with record labels claiming that the platform gains an unfair advantage in licensing negotiations, something which leads to a “gap” between what is paid for music, and what it’s actually worth.

But the recording labels are unlikely to get an easy ride. As pointed out in a summary by Canadian law professor Michael Geist, the notice-and-takedown rules that facilitate the “Value Gap” are not even part of Canadian law and even without them, the labels have done just fine.

“The industry has enjoyed remarkable success since 2012, growing far faster [than] the world average and passing Australia as the world’s 6th largest music market,” Geist writes.

“The growth has come largely through Internet streaming revenues, which now generate tens of millions of dollars every year for creators, publishers, and the broader industry. The industry is also likely to continue to lobby for copyright term extension, as foreshadowed by a lobbying blitz just last month in Ottawa.”

As reported in September, telecoms companies and the entertainment industries are pressing for website blockades, without intervention from the courts. The upcoming copyright review will provide additional opportunity to push that message home.

“Bell admits that copyright reform is not needed for site blocking, but the link to the Copyright Act ensures that the issue will be a prominent part of its lobbying campaign,” Geist notes.

“The reality is that Canada is already home to some of the toughest anti-piracy laws in the world with many legislative tools readily available for rights holders and some of the largest damages provisions found anywhere in the world.”

But for copyright holders, a review also has the potential to swing things the other way.

The previously mentioned notice-and-notice regime, for example, was put in place as an alternative to more restrictive schemes elsewhere. However, it was quickly abused by copyright trolls seeking cash settlements from alleged pirates. It’s certainly possible for that particular loophole to be closed or at least addressed as part of a comprehensive review.

In any event, the review is likely to prove spirited, with interested parties on all sides trying to carve out a smooth path for their interests under the next five years of copyright law.

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