Tag Archives: DMCA subpoena

Playboy Wants to Know Who Downloaded Their Playmate Images From Imgur

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

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

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

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

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

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

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

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

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

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

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

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

Playboy subpoena against Imgur

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

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

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

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

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


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

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

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

YouTube Doesn’t Have to Expose IP-Addresses of Movie Pirates, Court Rules

Post Syndicated from Ernesto original https://torrentfreak.com/youtube-doesnt-have-to-expose-ip-addresses-of-movie-pirates-court-rules-170909/

YouTube is known to be a breeding ground for creators. At the same time, however, it’s also regularly used to share copyrighted material without permission, including full-length films.

If these “pirating” YouTube users are caught they generally get a slap on the wrist by Google, or have their YouTube accounts terminated at worst. Sometimes, however, rightsholders can take things a bit further.

This is what happened in Germany, where a German filmmaker went after three YouTube users. These account holders had uploaded two movies without permission, which were then viewed thousands of times.

Through a local court, the filmmaker tried to obtain the identity of the alleged infringers, presumably to take further action. It demanded that Google and YouTube should share the emails, IP-addresses, and phone numbers that were tied to these accounts.

Initially, this request was turned down by the Frankfurt District Court, but the Higher Regional Court recently ruled that YouTube has to hand over the associated email addresses. The video streaming service is not required to hand over the IP-addresses or phone numbers, however.

The reasoning for this decision (pdf) is based on Article 101 of the German Copyright Act. The law specifies that a service provider can be ordered to hand over the name and address of an infringer.

The legislation, put in place in 1990, specifically references “written” communication and while it doesn’t mention email, the court argued that email addresses are covered.

The same reasoning doesn’t apply to IP-addresses. Although they have the term “address” in the name, they can’t generally be used to send a written message to a person, at least not directly.

“In the case of IP addresses – despite the word component ‘address’, this is not an ‘address’, since the IP address does not have any communication function, and it serves solely to identify the terminal from which a particular web page is accessed,” the Court clarifies.

Unrelated pirated movies on YouTube

The judgment of the Higher Regional Court is not yet legally binding. Golem reports that, due to the importance of the case, the Federal Court of Justice has to review it first.

For the filmmaker, the ruling comes as a disappointment since an email address alone is probably not enough to identify the infringer in question.

This doesn’t necessarily mean that there are no other options. In the United States, it’s relatively easy to obtain information from copyright infringers with a DMCA subpoena, for example.

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

FUNimation Targets ‘Pirate’ Streaming Site KissAnime

Post Syndicated from Ernesto original https://torrentfreak.com/funimation-targets-pirate-streaming-site-kissanime-170601/

American anime distributor FUNimation is no stranger to hunting down pirates.

Headquartered in Texas, the company targeted 1337 alleged BitTorrent downloaders of the anime series “One Piece” at a local court a few years ago.

While the company no longer targets individual users through the U.S. legal system, it now appears to have its eyes set on a higher profile target, the popular anime streaming site KissAnime.

With millions of pageviews per day, KissAnime is the go-to site for many anime fans. The site is listed among the 250 most visited websites in the United States, making it one of the largest unauthorized streaming platforms in the world.

This is a thorn in the side of FUNimation, which recently obtained a DMCA subpoena to unmask part of the site’s infrastructure. Like many other streaming portals, KissAnime uses Google’s servers to host videos. These videos are served through CDN links, presumably to make them harder to take down.

FUNimation traced a CDN IP-address, used by KissAnime to stream pirated “One Piece” content, back to U.S. cloud hosting platform DigitalOcean, and asked the company to disable the associated link.

“Through our investigations, we have a good faith belief that a web server for which Digital Ocean, Inc. provides service, located at, is being used for the unauthorized copying and distribution […] of digital files embodying the Property,” FUNimation lawyer Evan Stone recently wrote to the company.

“FUNimation hereby requests that Digital Ocean expeditiously causes all such infringing materials to be removed or blocked or freezes the account at issue until the account holder removes all infringing materials or disables access thereto.”

FUNimation DMCA notice sent to Digital Ocean

Although KissAnime isn’t specifically mentioned in the DMCA notice or the subpoena request, a source close to the issue informs TorrentFreak that the IP-address in question is linked to the anime streaming site.

Because the CDN links keep rotating, FUNimation now wants to know the name of the customer that’s connected to the IP-address in question. The company therefore requested a DMCA subpoena from a federal court in Texas, which was granted earlier this month.

The subpoena orders DigitalOcean to hand over any and all contact information they have on the customer linked to the offending IP-address.

The DMCA subpoena

To find out what FUNimation intends to do with the information, provided that DigitalOcean will hand it over, we contacted the company’s lawyer Evan Stone. He couldn’t confirm the target but noted that it’s not about an end-user.

“We are targeting someone associated with disseminating infringing content on a MASSIVE scale, for profit. This is not a prelude to an end-user lawsuit, nor does this involve your typical fan uploader,” Stone told TF.

It’s likely that Funimation will pursue further action against the DigitalOcean customer associated with the pirates KissAnime streams. Whether this will be a central player or someone only remotely connected to the site remains unknown for now.

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

Cloudflare Ordered to Expose Gay-Torrents Operator, Or Else…

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-ordered-to-expose-gay-torrents-operator-or-else-170428/

Cloudflare has taken quite a bit of heat from copyright holders in recent months.

As one of the leading CDN and DDoS protection services, Cloudflare is used by millions of websites across the globe, some of which are notorious pirate sites.

However, instead of proactively taking down these sites, Cloudflare maintains its position as a neutral service provider. If copyright holders want them to take action, they have to follow the legal process.

This is the route adult company Flava Works is taking now. The company went to a clerk at the Illinois federal court and succesfully obtained a DMCA subpoena to expose the personal details connected to the account of the gay torrent community Gay-Torrents.org.

The order commands CloudFlare to hand over the personal details of the associated account holder within a month. This includes names, addresses, phone numbers, email addresses, account numbers, billing records and other identifying information.

Unlike regular subpoenas, DMCA subpoenas are not reviewed by a judge and only require a signature from the court clerk. However, in a letter sent to Cloudflare, Flava Works says that it’s considering further legal steps, if they’re needed.

The DMCA subpoena

The adult company explains that it sent three DMCA takedown notices to the company, but that dozens of copyright infringing files on Gay-Torrents.org are still being served through Cloudflare’s servers.

Flava argued that Cloudflare is required to take proper action against repeat infringers under the DMCA, and wants it to terminate the associated account in its entirety, or face lagal action.

“Accordingly, demand is hereby made upon you to immediately and permanently disable and remove the Infringing Site as a repeat infringer and terminate all related accounts,” Flava writes in its letter.

“Absent full compliance with this demand, our Client will be forced to investigate all legal remedies available to it, including, without limitation, bringing a civil cause of action against you to compel compliance.”

The adult entertainment company ends by saying that it would be in the best interests of all parties to avoid costly litigation, but clearly doesn’t rule out the possibility.

It’s doubtful, however, that Cloudflare will be sensitive to this kind of threat. The company has repeatedly said that it follows the letter of the law, and in its opinion this doesn’t cover the termination of clients solely based on third party claims.

TorrentFreak reached out to Cloudflare for a comment on the allegations. The company informed us that they have yet to be served with the subpoena, adding that it is Cloudflare’s policy to respond to proper court process once served.

To be continued.

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

Court Orders Pornhub to Expose Copyright Infringers

Post Syndicated from Ernesto original https://torrentfreak.com/court-orders-pornhub-to-expose-copyright-infringers-170405/

As one of the largest websites on the Internet to largely rely on user uploaded content, Pornhub is no stranger to copyright infringement allegations.

Similar to other video streaming services, the company maintains a DMCA takedown policy which allows rightsholders to remove content posted without permission.

“We take claims of copyright infringement seriously,” the company states, adding that it reserves the right to terminate the accounts of repeat infringers.

“Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to www.pornhub.com, or all of the foregoing.”

Most porn production companies restrict their enforcement efforts to sending takedown requests, but for some that is not enough. The Seychelles-based company Foshan Ltd, known for the “Wankz” brand, has gone a step further and wants to know who uploaded its videos to the site.

Last week the company obtained a DMCA subpoena from a federal court in California, which orders the adult video portal to identify and expose the uploaders of more than 1,000 copies of its videos.

The request for a DMCA subpoena was granted by a court clerk a day after it was filed. As a result, Pornhub now has until May 1st to hand over the requested information unless it decides to appeal.

The subpoena

The subpoena is rather broad and compels Pornhub to hand over all the information it has available on the uploaders. This includes names, email addresses, IP addresses, user and posting histories, physical addresses, telephone numbers, and any other identifying or account information.

TorrentFreak reached out to Pornhub to find out how the company plans to respond and what personal information it has available on users. However, at the time of publication we were yet to hear back.

It is unclear what Foshan is planning to do if they obtain the personal information of the uploaders. It is likely, however, that they’re considering legal action against one or more persons, if the evidence is sufficient.

As far as we’re aware, this is the first time that a rightsholder has used a DMCA subpoena to obtain information about Pornhub uploaders. And since its a relatively cheap and easy way to expose infringers, this might not be the last.

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