Tag Archives: DMCA

GoDaddy to Suspend ‘Pirate’ Domain Following Music Industry Complaints

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

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

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

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

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

Pirate music, suspended domain

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

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

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

Indecopi HQ

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reddit Repeat Infringer Policy Shuts Down Megalinks Piracy Sub

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How Many Piracy Warnings Would Get You to Stop?

Post Syndicated from Andy original https://torrentfreak.com/how-many-piracy-warnings-would-get-you-to-stop-180422/

For the past several years, copyright holders in the US and Europe have been trying to reach out to file-sharers in an effort to change their habits.

Whether via high-profile publicity lawsuits or a simple email, it’s hoped that by letting people know they aren’t anonymous, they’ll stop pirating and buy more content instead.

Traditionally, most ISPs haven’t been that keen on passing infringement notices on. However, the BMG v Cox lawsuit seems to have made a big difference, with a growing number of ISPs now visibly warning their users that they operate a repeat infringer policy.

But perhaps the big question is how seriously users take these warnings because – let’s face it – that’s the entire point of their existence.

There can be little doubt that a few recipients will be scurrying away at the slightest hint of trouble, intimidated by the mere suggestion that they’re being watched.

Indeed, a father in the UK – who received a warning last year as part of the Get it Right From a Genuine Site campaign – confidently and forcefully assured TF that there would be no more illegal file-sharing taking place on his ten-year-old son’s computer again – ever.

In France, where the HADOPI anti-piracy scheme received much publicity, people receiving an initial notice are most unlikely to receive additional ones in future. A December 2017 report indicated that of nine million first warning notices sent to alleged pirates since 2012, ‘just’ 800,000 received a follow-up warning on top.

The suggestion is that people either stop their piracy after getting a notice or two, or choose to “go dark” instead, using streaming sites for example or perhaps torrenting behind a decent VPN.

But for some people, the message simply doesn’t sink in early on.

A post on Reddit this week by a TWC Spectrum customer revealed that despite a wealth of readily available information (including masses in the specialist subreddit where the post was made), even several warnings fail to have an effect.

“Was just hit with my 5th copyright violation. They halted my internet and all,” the self-confessed pirate wrote.

There are at least three important things to note from this opening sentence.

Firstly, the first four warnings did nothing to change the user’s piracy habits. Secondly, Spectrum presumably had enough at five warnings and kicked in a repeat-infringer suspension, presumably to avoid the same fate as Cox in the BMG case. Third, the account suspension seems to have changed the game.

Notably, rather than some huge blockbuster movie, that fifth warning came due to something rather less prominent.

“Thought I could sneak in a random episode of Rosanne. The new one that aired LOL. That fast. Under 24 hours I got shut off. Which makes me feel like [ISPs] do monitor your traffic and its not just the people sending them notices,” the post read.

Again, some interesting points here.

Any content can be monitored by rightsholders but if it’s popular in the US then a warning delivered via an ISP seems to be more likely than elsewhere. However, the misconception that the monitoring is done by ISPs persists, despite that not being the case.

ISPs do not monitor users’ file-sharing activity, anti-piracy companies do. They can grab an IP address the second someone enters a torrent swarm, or even connects to a tracker. It happens in an instant, at a time of their choosing. Quickly jumping in and out of a torrent is no guarantee and the fallacy of not getting caught due to a failure to seed is just that – a fallacy.

But perhaps the most important thing is that after five warnings and a disconnection, the Reddit user decided to take action. Sadly for the people behind Rosanne, it’s not exactly the reaction they’d have hoped for.

“I do not want to push it but I am curious to what happens 6th time, and if I would even be safe behind a VPN,” he wrote.

“Just want to learn how to use a VPN and Sonarr and have a guilt free stress free torrent watching.”

Of course, there was no shortage of advice.

“If you have gotten 5 notices, you really should of learnt [sic] how to use a VPN before now,” one poster noted, perhaps inevitably.

But curiously, or perhaps obviously given the number of previous warnings, the fifth warning didn’t come as a surprise to the user.

“I knew they were going to hit me for it. I just didn’t think a 195mb file would do it. They were getting me for Disney movies in the past,” he added.

So how do you grab the attention of a persistent infringer like this? Five warnings and a suspension apparently. But clearly, not even that is a guarantee of success. Perhaps this is why most ‘strike’ schemes tend to give up on people who can’t be rehabilitated.

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

The DMCA and its Chilling Effects on Research

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/04/the_dmca_and_it.html

The Center for Democracy and Technology has a good summary of the current state of the DMCA’s chilling effects on security research.

To underline the nature of chilling effects on hacking and security research, CDT has worked to describe how tinkerers, hackers, and security researchers of all types both contribute to a baseline level of security in our digital environment and, in turn, are shaped themselves by this environment, most notably when things they do upset others and result in threats, potential lawsuits, and prosecution. We’ve published two reports (sponsored by the Hewlett Foundation and MacArthur Foundation) about needed reforms to the law and the myriad of ways that security research directly improves people’s lives. To get a more complete picture, we wanted to talk to security researchers themselves and gauge the forces that shape their work; essentially, we wanted to “take the pulse” of the security research community.

Today, we are releasing a third report in service of this effort: “Taking the Pulse of Hacking: A Risk Basis for Security Research.” We report findings after having interviewed a set of 20 security researchers and hackers — half academic and half non-academic — about what considerations they take into account when starting new projects or engaging in new work, as well as to what extent they or their colleagues have faced threats in the past that chilled their work. The results in our report show that a wide variety of constraints shape the work they do, from technical constraints to ethical boundaries to legal concerns, including the DMCA and especially the CFAA.

Note: I am a signatory on the letter supporting unrestricted security research.

Reddit Copyright Complaints Jump 138% But Almost Half Get Rejected

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

USTVnow’s top package

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Deezer Piles Pressure on Pirates, Deezloader Reborn Throws in the Towel

Post Syndicated from Andy original https://torrentfreak.com/deezer-piles-pressure-on-pirates-deezloader-reborn-throws-in-the-towel-180315/

Spotify might grab most of the headlines in the world of music streaming but French firm Deezer is also growing in popularity.

Focused more on non-English speaking regions, the music service still has a massive selection of tens of millions of tracks. More importantly for pirates, it also has a loophole or two that allows users to permanently download songs from the service, a huge ‘selling’ point for the compulsive archiver.

One of the most popular third-party tools for achieving this was Deezloader but last year Deezer put pressure on its operators to cease-and-desist.

“On April 27, 2017 we received takedowns and threatened legal action from Deezer if we don’t shut down by April 29. So we decided to shut down Deezloader permanently,” the team announced.

Rather than kill the scene, the attack on Deezloader only seemed to spur things on. Many other apps underwent development in the months that followed but last December it became evident that Deezer (and probably the record labels supplying its content) were growing increasingly tired of these kinds of applications.

The company sent a wave of DMCA notices to developer platform GitHub, targeting several tools, claiming that they are “in total violation of our rights and of the rights of our music licensors.”

GitHub responded quickly by removing access to repositories referencing Deezloader, DeezerDownload, Deeze, Deezerio, Deezit, Deedown, and their associated forks. Deezer also reportedly modified its API, in order to stop or hinder apps already in existence.

However, pirates are a determined bunch and behind the scenes many sought to breathe new life into their projects, to maintain the flow of free music from Deezer. One of those that gained traction was the obviously-titled ‘Deezloader Reborn’ which enjoyed a new lease of life on both Github and Reddit after taking over from DeezLoader V2.3.1.

But in January 2018, Deezer turned up the pressure again, hitting Github with a wave (1,2) of takedown notices targeting various projects. On January 23, Deezer hit Deezloader Reborn itself with the notice detailed below.

The following project, identified in the paragraph below, makes available a hacked version of our Deezer application by describing methods to bypass Deezer’s security measures to unlawfully download its music catalogue, in total violation of our rights and of the rights of our music licensors (phonographic producers, performing artists, songwriters and composers):

https://github.com/ExtendLord/DeezLoader-Reborn

I therefore ask that you immediately take down the project corresponding to the URL above and all of the related forks by others members who have had access or even contributed to such projects.

Not only did Github comply with Deezer’s request, Reddit did too. According to a thread still listed on the site, Reddit removed a post about Deezloader Reborn following a copyright complaint from Deezer.

Two days later Deezer targeted similar projects on Github but by this time, Deezloader Reborn already had new plans. Speaking with TF, project developer ExtendLord said that he wouldn’t be shutting down but would continue on code repository Gitlab instead. Now, however, those plans have also come to an abrupt end after Gitlab took the page down.

Deezloader Reborn – gone from Gitlab

A copy of the page available on Archive.org shows Deezloader Reborn at version 3.0.5 with the ability to download music ready-tagged and in FLAC quality. Links to newer versions are being shared on Reddit but it appears there is no longer a central trusted source for the application.

There’s no official confirmation yet but it seems likely that Deezer was behind the Gitlab takedown. TorrentFreak has contacted ExtendLord who linked us to this page which states that “DeezLoader Reborn is no longer maintained due to DMCA. [Version] 3.1.0 is the last update, no more updates will be made.”

So, at least for now, it appears that Deezloader Reborn will go the way of various other Deezer-reliant applications. That won’t be the end of the story though, that’s a certainty.

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

Spotify Emails Warning to ‘Pirates’ Using Hacked Apps

Post Syndicated from Andy original https://torrentfreak.com/spotify-emails-warning-to-pirates-using-hacked-apps-180305/

Spotify is a fantastic music streaming service used by more than 159 million users around the world. Around 71m of those are premium subscibers according to figures released by the company last December.

Given the above, 88 million Spotify members are using the free tier, meaning that they’re subjected to advertising and other limitations such as shuffle-only play and track skip restrictions.

The idea is that the free user gets a decent level of service but is held back just enough with small irritations to make the jump to a premium subscription a logical step at some point.

What millions of free users don’t know, however, is that there are modified Spotify apps out there that can remove many of these restrictions. All the user has to do is sign up to free Spotify account, download one of the many ‘hacked’ Spotify installation files out there, put in their username and password, and enjoy.

How many people use these hacked versions of Spotify isn’t clear and up to now, it’s been somewhat of a mystery as to why Spotify itself hasn’t done something about them. During the past few days, however, there have been signs that a crackdown could be on the way.

In an email sent to an unknown but significant number of people, Spotify informs users of modified apps that they’re on the company’s radar and there could be consequences for trying to subvert the system.

“We detected abnormal activity on the app you are using so we have disabled it. Don’t worry – your Spotify account is safe,” the email from Spotify reads.

“To access your Spotify account, simply uninstall any unauthorized or modified version of Spotify and download and install the Spotify app from the official Google Play Store. If you need more help, please see our support article on Reinstalling Spotify.”

Users have been popping up on Spotify’s forums asking why they’ve received this email. Some seem to think they’ve done nothing wrong but most signs point to people using modified software.

The warning email from Spotify

While the email signs off with a note thanking the recipient for being a Spotify user, there is also a warning.

“If we detect repeated use of unauthorized apps in violation of our terms, we reserve all rights, including suspending or terminating your account,” Spotify writes.

For people who used their real accounts along with modified apps this could be a problem but many people using hacked versions go in prepared with a secondary or temporary email address and false details.

Quite how far Spotify will go to rid its service of this kind of a user remains unknown but at least for now, the actual effects of this early crackdown seemed mixed.

TorrentFreak has spoken with users who have modified versions and have received the email, yet their installation still works just fine. Others report that they can no longer log in with their modified version.

What is clear, however, is that Spotify has both modified apps and their creators on its radar. On March 1, 2018 the company wrote to Github demanding that a popular Spotify mod known as ‘Dogfood’ be taken down from the repository.

Dogfood is done on Github

The full takedown notice can be found here. It lists Dogfood itself plus a whole bunch of ‘forks’ which have also been taken down by Github.

There were signs in January that the developer of Dogfood might have been under pressure to limit the effectiveness of his app. On January 18 he announced on XDA that some functionality would be removed moving forward.

“In order to comply with XDA’s Rules and CoC, Spotify Dogfood has taken a new direction, and now offers *exclusively* Ad-free music playback,” he wrote.

“Any other features won’t be included anymore in this mod. But, that doesn’t mean anything if you’re a true, a core user of this app, because there will still be regular updates to it, as there has been up until now.”

Where that development will take place now isn’t clear but it clearly won’t be on Github. Indeed, even XDA has been targeted by Spotify, with the site receiving a DMCA notice from the company which required the removal of links and an apparent closure of the whole discussion.

XDA DMCA takedown

For now it seems that Spotify is playing nice, at least with users of modified apps. Whether it will continue with the same relaxed attitude is unclear but it’s hard not to connect the move with its intention to go public and its $23bn valuation.

Still, the company should be more in tune with pirates than most given its history, so may yet have a decent plan up its sleeve.

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

EFF Urges US Copyright Office To Reject Proactive ‘Piracy’ Filters

Post Syndicated from Andy original https://torrentfreak.com/eff-urges-us-copyright-office-to-reject-proactive-piracy-filters-180213/

Faced with millions of individuals consuming unlicensed audiovisual content from a variety of sources, entertainment industry groups have been seeking solutions closer to the roots of the problem.

As widespread site-blocking attempts to tackle ‘pirate’ sites in the background, greater attention has turned to legal platforms that host both licensed and unlicensed content.

Under current legislation, these sites and services can do business relatively comfortably due to the so-called safe harbor provisions of the US Digital Millennium Copyright Act (DMCA) and the European Union Copyright Directive (EUCD).

Both sets of legislation ensure that Internet platforms can avoid being held liable for the actions of others provided they themselves address infringement when they are made aware of specific problems. If a video hosting site has a copy of an unlicensed movie uploaded by a user, for example, it must be removed within a reasonable timeframe upon request from the copyright holder.

However, in both the US and EU there is mounting pressure to make it more difficult for online services to achieve ‘safe harbor’ protections.

Entertainment industry groups believe that platforms use the law to turn a blind eye to infringing content uploaded by users, content that is often monetized before being taken down. With this in mind, copyright holders on both sides of the Atlantic are pressing for more proactive regimes, ones that will see Internet platforms install filtering mechanisms to spot and discard infringing content before it can reach the public.

While such a system would be welcomed by rightsholders, Internet companies are fearful of a future in which they could be held more liable for the infringements of others. They’re supported by the EFF, who yesterday presented a petition to the US Copyright Office urging caution over potential changes to the DMCA.

“As Internet users, website owners, and online entrepreneurs, we urge you to preserve and strengthen the Digital Millennium Copyright Act safe harbors for Internet service providers,” the EFF writes.

“The DMCA safe harbors are key to keeping the Internet open to all. They allow anyone to launch a website, app, or other service without fear of crippling liability for copyright infringement by users.”

It is clear that pressure to introduce mandatory filtering is a concern to the EFF. Filters are blunt instruments that cannot fathom the intricacies of fair use and are liable to stifle free speech and stymie innovation, they argue.

“Major media and entertainment companies and their surrogates want Congress to replace today’s DMCA with a new law that would require websites and Internet services to use automated filtering to enforce copyrights.

“Systems like these, no matter how sophisticated, cannot accurately determine the copyright status of a work, nor whether a use is licensed, a fair use, or otherwise non-infringing. Simply put, automated filters censor lawful and important speech,” the EFF warns.

While its introduction was voluntary and doesn’t affect the company’s safe harbor protections, YouTube already has its own content filtering system in place.

ContentID is able to detect the nature of some content uploaded by users and give copyright holders a chance to remove or monetize it. The company says that the majority of copyright disputes are now handled by ContentID but the system is not perfect and mistakes are regularly flagged by users and mentioned in the media.

However, ContentID was also very expensive to implement so expecting smaller companies to deploy something similar on much more limited budgets could be a burden too far, the EFF warns.

“What’s more, even deeply flawed filters are prohibitively expensive for all but the largest Internet services. Requiring all websites to implement filtering would reinforce the market power wielded by today’s large Internet services and allow them to stifle competition. We urge you to preserve effective, usable DMCA safe harbors, and encourage Congress to do the same,” the EFF notes.

The same arguments, for and against, are currently raging in Europe where the EU Commission proposed mandatory upload filtering in 2016. Since then, opposition to the proposals has been fierce, with warnings of potential human rights breaches and conflicts with existing copyright law.

Back in the US, there are additional requirements for a provider to qualify for safe harbor, including having a named designated agent tasked with receiving copyright infringement notifications. This person’s name must be listed on a platform’s website and submitted to the US Copyright Office, which maintains a centralized online directory of designated agents’ contact information.

Under new rules, agents must be re-registered with the Copyright Office every three years, despite that not being a requirement under the DMCA. The EFF is concerned that by simply failing to re-register an agent, an otherwise responsible website could lose its safe harbor protections, even if the agent’s details have remained the same.

“We’re concerned that the new requirement will particularly disadvantage small and nonprofit websites. We ask you to reconsider this rule,” the EFF concludes.

The EFF’s letter to the Copyright Office can be found here.

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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

New Kodi Addon Tool Might Carry Interesting Copyright Liability Implications

Post Syndicated from Andy original https://torrentfreak.com/new-kodi-addon-tool-might-carry-interesting-copyright-liability-implications-180124/

Kodi is the now ubiquitous media player taking the world by storm. In itself it’s a great piece of software but augmented with third-party software it can become a piracy powerhouse.

This software, known collectively as ‘add-ons’, enables Kodi to do things it was never designed for such as watching pirated movies, TV shows, and live sports. As a result, it’s the go-to media platform for millions around the globe, but for those distributing the add-ons, there can be risks attached.

As one of the most prominent Kodi-related sites around, TVAddons helped to distribute huge numbers of add-ons. The platform insists that if any add-on infringed copyright, it was only too willing to remove them under a DMCA-like regime. Last year, however, it became clear that copyright holders would prefer to sue TVAddons (1,2) than ask for takedowns.

With those lawsuits still ongoing, the site was left with a dilemma. Despite add-ons being developed and uploaded by third-parties, rightsholders are still trying to hold TVAddons responsible for what those add-ons can do. It’s a precarious situation that has led to TVAddons not having its own repository/repo (a place where the addons are stored for users to download) since the site ran into trouble last summer.

Now, however, the site has just launched a new tool which not only provides some benefits for users looking for addons, but also attempts to shift some liability for potential infringement away from the service and onto a company with much broader shoulders.

TVAddons’ Github Browser was released yesterday and is available via the platform’s Indigo tool. Its premise is simple.

Since many third-party Kodi add-ons are developed and first made available on Github, the world’s leading software development platform, why don’t users install them directly from there instead?

The idea is that this might reduce liability for distributors like TVAddons but could also present benefits for users, as they can be assured that they’re getting add-ons directly from the source.

Github Browser welcome screen

“Before the GitHub Browser, when an end user wanted to install a particular addon, they’d first have to download the necessary repository from either Fusion Installer or an alternative,” a TV addons spokesperson informs TF.

“This new feature gives the end user the ability to easily install any Kodi addon, and empowers developers to distribute their addons independently, without having to align themselves with a particular release group or web site.”

Aside from the benefits to users, it also means that TVAddons can provide its users with access to third-party add-ons without having to curate, store, or distribute them itself. In future, storage and distribution aspects can be carried out by Github, which has actually been the basic behind-the-scenes position for some time.

“GitHub has always been the leading host of Kodi addons, and also respects the law. The difference is, they are big enough to not be bullied by draconian legal maneuvers used by big corporations to censor the internet. We also felt that developers should be able to develop without having to comply with our rules, or any other Kodi web site’s rules for that matter,” TVAddons explain.

The screenshot of the Github Browser below reveals a text-heavy interface that will probably mean little to the low-level user of Kodi who bought his device already setup from a seller. However, those more familiar with the way Kodi functions will recognize that the filenames relate to add-ons which can now be directly installed via the browser.

The Github Browser

While the approach may seem basic or even inaccessible at first view, that wrongfully discounts the significant resources available to the sprawling third-party Kodi add-on community.

Dozens of specialist blogs and thousands of YouTube videos report in detail on the most relevant addons, providing all of the details users will need to identify and locate the required software. Developer usernames could be a good starting point, TVAddons suggests.

“We have already seen many social media posts, blogs and developers advertising their GitHub usernames in order to make it easier for users to find them,” the site explains.

From our tests, it appears that users really have to do all the work themselves. There doesn’t appear to be any add-on curation and users must know what they’re looking for in advance. Indeed, entering the Github usernames of developers who produce software that has nothing to do with Kodi can still present zip file results in the browser. Whether this will prove problematic later on will remain to be seen.

While most keen users won’t have a problem using the Github Browser, there is the question of whether redirecting the focus to the development platform will cause copyright holders to pay more attention to Github.

This has certainly happened in the past, such as when the Federation Against Copyright Theft targeted the SportsDevil add-on and had it removed from Github. It’s also worth noting that Github doesn’t appear to challenge takedown requests, so add-ons could be vulnerable if the heat gets turned up.

Nevertheless, TVAddons believes that the open source nature of most addons coupled with Github’s relative strength means that they’ll be able to stand up to most threats.

“Open source code lives on forever, it’s impossible to scrub the internet of freely distributed legitimate code. I think that GitHub is in a better position to legitimately assess and enforce the DMCA than us. They won’t be sued out of nowhere in circumvention of the DMCA in similar fashion to what we have been the victim of,” TVAddons says.

Several years ago, when The Pirate Bay got rid of torrents and relied on magnet links instead, the platform became much more compact, thus saving on bandwidth. The lack of a repository at TVAddons has also had benefits for the site. Previously it was consuming around 3PB (3,000,000 gigabytes) of bandwidth a month, with a hosting provider demanding $25,000 per month not to discontinue business.

Finally, the team says it is working on new browser features for the future, including repository distribution over torrents. Only time will tell how this new system will be viewed by copyright holders but even with add-on hosting taken care of externally, any form of curation could be instantly frowned upon, with serious consequences.

Details of the browser can be found here.

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

IPTV Provider Stops Selling New Subscriptions Under Pressure From “UK Authorities”

Post Syndicated from Andy original https://torrentfreak.com/iptv-provider-stops-selling-new-subscriptions-under-pressure-from-uk-authorities-171224/

Over the past couple of decades, piracy of live TV has broadly taken two forms. That which relies on breaking broadcaster encryption (such as card sharing and hacked set-top boxes), and the more recent developments of P2P and IPTV-style transmission.

With the former under pressure and P2P systems such as Sopcast and AceTorrent moving along in the background, streaming from servers is now the next big thing, whether that’s for free via third-party Kodi plugins or for a small fee from premium IPTV providers.

Of course, copyright holders don’t like any of this usage but with their for-profit strategy, commercial IPTV providers have a big target on their backs. More evidence of this was revealed recently when UK-based IPTV service ACE TV announced they were taking action to avoid problems in the country.

In a message to prospective and existing customers, ACE TV said that potential legal issues were behind its decision to accept no new customers while locking down its service.

“It saddens me to announce this, but due to pressure from the authorities in the UK, we are no longer selling new subscriptions. This obviously includes trials,” the announcement reads.

Noting that it would take new order for just 24 hours more, ACE TV insisted that it wasn’t shutting down but would lock down the service while closing Facebook.

TF sources and unconfirmed rumors online suggest that the Federation Against Copyright Theft and partners the Premier League are involved. However, ACE TV didn’t respond to TorrentFreak’s request for comment so we’re unable to confirm or deny the allegations.

That being said, even if the threats came directly from the police, it’s likely that the approach would’ve been initially prompted by companies connected to FACT, since the anti-piracy outfit often puts forward names of services for investigation on behalf of its partners.

Perhaps surprisingly, ACE TV is legally incorporated in the UK as Ace Hosting Limited, a fact it makes clear on its website. While easy to find, the company’s registered address is shared by dozens of other companies, indicating a mail forwarding operation rather than a place servers or staff can be found.

This proxy location may well be the reason the company feels emboldened to carry on some level of service rather than shutting down completely, but its legal basis for doing so is interesting at best, precarious at worst.

“This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law,” ACE TV’s website reads.

“The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.”

It seems likely that ACE TV has been threatened under UK law, since that’s where it’s incorporated. That would seem to explain why its concerned about UK authorities and their potential effect on the business. On the other hand, however, the service claims to operate entirely legally, but under the laws of the United States. It even has a repeat infringer policy.

“Ace Hosting operates as an intermediary to cache and deliver content hosted by others at the instruction of our subscribers. We cannot remove content hosted by others,” the company says.

“As an intermediary, we are entitled to rely upon (among other things) the DMCA safe harbor available to system caching service providers and we maintain policies and procedures to terminate subscribers that would be considered repeat infringers under the DMCA.”

Whether the notices on the site have been advised by a legal professional or are there to present an air of authenticity is unclear but it’s precarious for a service of this nature to rely solely on conduit status in order to avoid liability.

Marketing, prior conduct, and overall intent play a major role in such cases and when all of that is aired in the cold light of day, the situation can look very different to a judge, particularly in the UK, where no similar cases have been successfully defended to date.

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

Could a Single Copyright Complaint Kill Your Domain?

Post Syndicated from Andy original https://torrentfreak.com/could-a-single-copyright-complaint-kill-your-domain-171203/

It goes without saying that domain names are a crucial part of any site’s infrastructure. Without domains, sites aren’t easily findable and when things go wrong, the majority of web users could be forgiven for thinking that they no longer exist.

That was the case last week when Canada-based mashup site Sowndhaus suddenly found that its domain had been rendered completely useless. As previously reported, the site’s domain was suspended by UK-based registrar DomainBox after it received a copyright complaint from the IFPI.

There are a number of elements to this story, not least that the site’s operators believe that their project is entirely legal.

“We are a few like-minded folks from the mashup community that were tired of doing the host dance – new sites welcome us with open arms until record industry pressure becomes too much and they mass delete and ban us,” a member of the Sowndhaus team informs TF.

“After every mass deletion there are a wave of producers that just retire and their music is lost forever. We decided to make a more permanent home for ourselves and Canada’s Copyright Modernization Act gave us the opportunity to do it legally.
We just want a small quiet corner of the internet where we can make music without being criminalized. It seems insane that I even have to say that.”

But while these are all valid concerns for the Sowndhaus community, there is a bigger picture here. There is absolutely no question that sites like YouTube and Soundcloud host huge libraries of mashups, yet somehow they hang on to their domains. Why would DomainBox take such drastic action? Is the site a real menace?

“The IFPI have sent a few standard DMCA takedown notices [to Sowndhaus, indirectly], each about a specific track or tracks on our server, asking us to remove them and any infringing activity. Every track complained about has been transformative, either a mashup or a remix and in a couple of cases cover versions,” the team explains.

But in all cases, it appears that IFPI and its agents didn’t take the time to complain to the site first. They instead went for the site’s infrastructure.

“[IFPI] have never contacted us directly, even though we have a ‘report copyright abuse’ feature on our site and a dedicated copyright email address. We’ve only received forwarded emails from our host and domain registrar,” the site says.

Sowndhaus believes that the event that led to the domain suspension was caused by a support ticket raised by the “RiskIQ Incident Response Team”, who appear to have been working on behalf of IFPI.

“We were told by DomainBox…’Please remove the unlawful content from your website, or the domain will be suspended. Please reply within the next 5 working days to ensure the request was actioned’,” Sowndhaus says.

But they weren’t given five days, or even one. DomainBox chose to suspend the Sowndhaus.com domain name immediately, rendering the site inaccessible and without even giving the site a chance to respond.

“They didn’t give us an option to appeal the decision. They just took the IFPI’s word that the files were unlawful and must be removed,” the site informs us.

Intrigued at why DomainBox took the nuclear option, TorrentFreak sent several emails to the company but each time they went unanswered. We also sent emails to Mesh Digital Ltd, DomainBox’s operator, but they were given the same treatment.

We wanted to know on what grounds the registrar suspended the domain but perhaps more importantly, we wanted to know if the company is as aggressive as this with its other customers.

To that end we posed a question: If DomainBox had been entrusted with the domains of YouTube or Soundcloud, would they have acted in the same manner? We can’t put words in their mouth but it seems likely that someone in the company would step in to avoid a PR disaster on that scale.

Of course, both YouTube and Soundcloud comply with the law by taking down content when it infringes someone’s rights. It’s a position held by Sowndhaus too, even though they do not operate in the United States.

“We comply fully with the Copyright Act (Canada) and have our own policy of removing any genuinely infringing content,” the site says, adding that users who infringe are banned from the platform.

While there has never been any suggestion that IFPI or its agents asked for Sowndhaus’ domain to be suspended, it’s clear that DomainBox made a decision to do just that. In some cases that might have been warranted, but registrars should definitely aim for a clear, transparent and fair process, so that the facts can be reviewed and appropriate action taken.

It’s something for people to keep in mind when they register a domain in future.

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

Mashup Site Hit With Domain Suspension Following IFPI Copyright Complaint

Post Syndicated from Andy original https://torrentfreak.com/mashup-site-hit-with-domain-suspension-following-ifpi-copyright-complaint-171127/

Mashups are musical compositions, usually made up of two or more tracks seamlessly blended together, which bring something fresh and new to the listener.

There are hundreds of stunning examples online, many created in hobbyist circles, with dedicated communities sharing their often brilliant work.

However, the majority of mashups have something in common – they’re created without any permission from the copyright holders’ of the original tracks. As such they remain controversial, as mashup platform Sowndhaus has just discovered.

This Canada-based platform allows users to upload, share and network with other like-minded mashup enthusiasts. It has an inbuilt player, somewhat like Soundcloud, through which people can play a wide range of user-created mashups. However, sometime last Tuesday, Sowndhaus’ main domain, Sowndhaus.com, became unreachable.

Sowndhaus: High-quality mashups

The site’s operators say that they initially believed there was some kind of configuration issue. Later, however, they discovered that their domain had been “purposefully de-listed” from its DNS servers by its registrar.

“DomainBox had received a DMCA notification from the IFPI (International Federation of the Phonographic Industry) and immediately suspended our .com domain,” Sowndhaus’ operators report.

At this point it’s worth noting that while Sowndhaus is based and hosted in Canada, DomainBox is owned by UK-based Mesh Digital Limited, which is in turn owned by GoDaddy. IFPI, however, reportedly sent a US-focused DMCA notice to the registrar which noted that the music group had “a good faith belief” that activity on Sowndhaus “is not authorized by the copyright owner, its agent, or the law.”

While mashups have always proved controversial, Sowndhaus believe that they operate well within Canadian law.

“We have a good faith belief that the audio files allegedly ‘infringing copyright’ in the DMCA notification are clearly transformative works and meet all criteria for ‘Non-commercial User-generated Content’ under Section 29.21 of the Copyright Act (Canada), and as such are authorized by the law,” the site says.

“Our service, servers, and files are located in Canada which has a ‘Notice and Notice regime’ and where DMCA (a US law) has no jurisdiction. However, the jurisdiction for our .com domain is within the US/EU and thus subject to its laws.”

Despite a belief that the site operates lawfully, Sowndhaus took a decision to not only take down the files listed in IFPI’s complaint but also to ditch its .com domain completely. While this convinced DomainBox to give control of the domain back to the mashup platform, Sowndhaus has now moved to a completely new domain (sowndhaus.audio), to avoid further issues.

“We neither admit nor accept that any unlawful activity or copyright infringement with respect to the DMCA claim had taken place, or has ever been permitted on our servers, or that it was necessary to remove the files or service under Section 29.21 of the Copyright Act (Canada) with which we have always been, and continue to be, in full compliance,” the site notes.

“The use of copyright material as Non-commercial User-generated Content is authorized by law in Canada, where our service resides. We believe that the IFPI are well aware of this, are aware of the jurisdiction of our service, and therefore that their DMCA notification is a misrepresentation of copyright.”

Aside from what appears to have been a rapid suspension of Sowndhaus’ .com domain, the site says that it is being held to a higher standard of copyright protection that others operating under the DMCA.

Unlike YouTube, for example, Sowndhaus says it pro-actively removes files found to infringe copyright. It also bans users who use the site to commit piracy, as per its Terms of Service.

“This is a much stronger regime than would be required under the DMCA guidelines where users generally receive warnings and strikes before being banned, and where websites complying with the DMCA and seeking to avoid legal liability do not actively seek out cases of infringement, leading to some cases of genuine piracy remaining undetected on their services,” the site says.

However, the site remains defiant in respect of the content it hosts, noting that mashups are transformative works that use copyright content “in new and creative ways to form new works of art” and as such are legal for non-commercial purposes.

That hasn’t stopped it from being targeted by copyright holders in the past, however.

This year three music-based organizations (IFPI, RIAA, and France’s SCPP) have sent complaints to Google about the platform, targeting close to 200 URLs. However, at least for more recent complaints, Google hasn’t been removing the URLs from its indexes.

Complaints sent to Google about Sowndhaus in 2017<

Noting that corporations are using their powers “to hinder, stifle, and silence protected new forms of artistic expression with no repercussions”, Sowndhaus says that it is still prepared to work with copyright holders but wishes they would “reconsider their current policies and accept non-commercial transformative works as legitimate art forms with legal protections and/or exemptions in all jurisdictions.”

While Sowndhaus is now operating from a new domain, the switch is not without its inconveniences. All URLs with links to files on sowndhaus.com are broken but can be fixed by changing the .com to .audio.

DomainBox did not respond to TorrentFreak’s request for comment.

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

Abandon Proactive Copyright Filters, Huge Coalition Tells EU Heavyweights

Post Syndicated from Andy original https://torrentfreak.com/abandon-proactive-copyright-filters-huge-coalition-tells-eu-heavyweights-171017/

Last September, EU Commission President Jean-Claude Juncker announced plans to modernize copyright law in Europe.

The proposals (pdf) are part of the Digital Single Market reforms, which have been under development for the past several years.

One of the proposals is causing significant concern. Article 13 would require some online service providers to become ‘Internet police’, proactively detecting and filtering allegedly infringing copyright works, uploaded to their platforms by users.

Currently, users are generally able to share whatever they like but should a copyright holder take exception to their upload, mechanisms are available for that content to be taken down. It’s envisioned that proactive filtering, whereby user uploads are routinely scanned and compared to a database of existing protected content, will prevent content becoming available in the first place.

These proposals are of great concern to digital rights groups, who believe that such filters will not only undermine users’ rights but will also place unfair burdens on Internet platforms, many of which will struggle to fund such a program. Yesterday, in the latest wave of opposition to Article 13, a huge coalition of international rights groups came together to underline their concerns.

Headed up by Civil Liberties Union for Europe (Liberties) and European Digital Rights (EDRi), the coalition is formed of dozens of influential groups, including Electronic Frontier Foundation (EFF), Human Rights Watch, Reporters without Borders, and Open Rights Group (ORG), to name just a few.

In an open letter to European Commission President Jean-Claude Juncker, President of the European Parliament Antonio Tajani, President of the European Council Donald Tusk and a string of others, the groups warn that the proposals undermine the trust established between EU member states.

“Fundamental rights, justice and the rule of law are intrinsically linked and constitute
core values on which the EU is founded,” the letter begins.

“Any attempt to disregard these values undermines the mutual trust between member states required for the EU to function. Any such attempt would also undermine the commitments made by the European Union and national governments to their citizens.”

Those citizens, the letter warns, would have their basic rights undermined, should the new proposals be written into EU law.

“Article 13 of the proposal on Copyright in the Digital Single Market include obligations on internet companies that would be impossible to respect without the imposition of excessive restrictions on citizens’ fundamental rights,” it notes.

A major concern is that by placing new obligations on Internet service providers that allow users to upload content – think YouTube, Facebook, Twitter and Instagram – they will be forced to err on the side of caution. Should there be any concern whatsoever that content might be infringing, fair use considerations and exceptions will be abandoned in favor of staying on the right side of the law.

“Article 13 appears to provoke such legal uncertainty that online services will have no other option than to monitor, filter and block EU citizens’ communications if they are to have any chance of staying in business,” the letter warns.

But while the potential problems for service providers and users are numerous, the groups warn that Article 13 could also be illegal since it contradicts case law of the Court of Justice.

According to the E-Commerce Directive, platforms are already required to remove infringing content, once they have been advised it exists. The new proposal, should it go ahead, would force the monitoring of uploads, something which goes against the ‘no general obligation to monitor‘ rules present in the Directive.

“The requirement to install a system for filtering electronic communications has twice been rejected by the Court of Justice, in the cases Scarlet Extended (C70/10) and Netlog/Sabam (C 360/10),” the rights groups warn.

“Therefore, a legislative provision that requires internet companies to install a filtering system would almost certainly be rejected by the Court of Justice because it would contravene the requirement that a fair balance be struck between the right to intellectual property on the one hand, and the freedom to conduct business and the right to freedom of expression, such as to receive or impart information, on the other.”

Specifically, the groups note that the proactive filtering of content would violate freedom of expression set out in Article 11 of the Charter of Fundamental Rights. That being the case, the groups expect national courts to disapply it and the rule to be annulled by the Court of Justice.

The latest protests against Article 13 come in the wake of large-scale objections earlier in the year, voicing similar concerns. However, despite the groups’ fears, they have powerful adversaries, each determined to stop the flood of copyrighted content currently being uploaded to the Internet.

Front and center in support of Article 13 is the music industry and its current hot-topic, the so-called Value Gap(1,2,3). The industry feels that platforms like YouTube are able to avoid paying expensive licensing fees (for music in particular) by exploiting the safe harbor protections of the DMCA and similar legislation.

They believe that proactively filtering uploads would significantly help to diminish this problem, which may very well be the case. But at what cost to the general public and the platforms they rely upon? Citizens and scholars feel that freedoms will be affected and it’s likely the outcry will continue.

The ball is now with the EU, whose members will soon have to make what could be the most important decision in recent copyright history. The rights groups, who are urging for Article 13 to be deleted, are clear where they stand.

The full letter is available here (pdf)

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

Of Course Atlus Hit RPCS3’s Patreon Page Over Persona 5

Post Syndicated from Andy original https://torrentfreak.com/of-course-atlus-hit-rpcs3s-patreon-page-over-persona-5-170927/

For the uninitiated, RPCS3 is an open-source Sony PlayStation 3 emulator for PC. This growing and brilliant piece of code was publicly released in 2012 and since then has been under constant development thanks to a decent-sized team of programmers and other contributors.

While all emulation has its challenges, emulating a relatively recent piece of hardware such as Playstation 3 is a massive undertaking. As a result, RPCS3 needs funding. This it achieves through its Patreon page, which currently receives support from 675 patrons to the tune of $3,000 per month.

There’s little doubt that there are plenty of people out there who want the project to succeed. Yesterday, however, things took a turn for the worse when RPCS3 attracted the negative attention of Atlus, the developer behind the utterly beautiful RPG, Persona 5.

According to the RPCS3 team, Atlus filed a DMCA takedown notice with Patreon requesting the removal of the entire RPCS3 page after the team promoted the fact that Persona 5 would be compatible with the under-development emulator.

“The PS3 emulator itself is not infringing on our copyrights and trademarks; however, no version of the P5 game should be playable on this platform; and [the RPCS3] developers are infringing on our IP by making such games playable,” Atlus told Patreon.

Fortunately for everyone involved, Patreon did not storm in and remove the entire page, not least since the page itself didn’t infringe on Atlus’ IP rights. However, Atlus was not happy with the response and attempted to negotiate with the fund-raising platform, noting that in order for Persona 5 to work, the user would have to circumvent the game’s DRM protections.

The RPCS3 team, on the other hand, believe they’re on solid ground, noting that where their main developers live, it is legal to make personal copies of legally purchased games. They concede it may not be legal for everyone, but in any event, that would be irrelevant to the DMCA notice filed against their Patreon page. Indeed, trying to take down an entire fundraiser with a DMCA notice was a significant overreach under the circumstances

According to a statement from the team, ultimately a decision was taken to proceed with caution. In order to avoid a full takedown of their Patreon page, all mentions of Persona 5 were removed from both the fund-raiser and main RPSC3 site yesterday.

The RPSC3 team noted that they had no idea why Atlus targeted their project but an announcement from the developer later shone a little light on the issue.

“We believe that our fans best experience our titles (like Persona 5) on the actual platforms for which they are developed. We don’t want their first experiences to be framerate drops, or crashes, or other issues that can crop up in emulation that we have not personally overseen,” Atlus explained.

While some gamers expressed negative opinions over Atlus’ undoubtedly overbroad actions yesterday, it’s difficult to argue with the developer’s main point. Emulators can be beautiful things but there is no doubt that in many instances they don’t recreate the gaming experience perfectly. Indeed, in some cases when things don’t go to plan, the results can be pretty horrible.

That being said, for whatever reason Atlus has chosen not to release a PC version of this popular title so, as many hardcore emulator fans will tell you (this one included), that’s a bit of a red rag to a bull. The company suggests that it might remedy that situation in the future though, so maybe that’s some consolation.

In the meantime, there’s a significant backlash against Atlus and what it attempted to do to the RPCS3 project and its fund-raising efforts. Some people are threatening never to buy an Atlus game ever again, for example, and that’s their prerogative.

But really – is anyone truly surprised that Atlus reacted in the way it did?

While Persona 5 isn’t available on PC yet, this isn’t an out-of-print game from 1982 that’s about to disappear into the black hole of time because there’s no hardware to play it on. This is a game created for relatively current hardware (bang up to date if you include the PS4 version) that was released April 2017 in the United States, just a handful of months ago.

As such, none of the usual ‘moral’ motivations for emulating games on other platforms exist for Persona 5 and for that reason alone, the decision to heavily mention it in RPCS3 fund-raising efforts was bound to backfire. It doesn’t matter whether emulation or dumping of ROMs is legal in some regions, any company can be expected to wade in when someone threatens their business model.

The stark reality is that when they do, entire projects can be put at risk. In this case, Patreon stepped in to save the day but it could’ve been a lot worse. Martyring the whole project for one game would’ve been a disaster for the team and the public. All that being said, Atlus is unlikely to come out of this on top.

“Whatever people may wish, there’s no way to stop any playable game from being executed on the emulator,” the RPCS3 team note.

“Blacklisting the game? RPCS3 is open-source, any attempt would easily be reversed. Attempting to take down the project? At the time of this post, this and many other games were already playable to their full extent, and again, RPCS3 is and will always be an open-source project.”

The bottom line here is that Atlus’ actions may have left a bit of a bad taste in the mouths of some gamers, but even the most hardcore emulator fan shouldn’t be surprised the company went for the throat on a game so fresh. That being said, there are lessons to be learned.

Atlus could’ve spoken quietly to RPCS3 first, but chose not to. RPCS3, on the other hand, will probably be a little bit more strategic with future game compatibility announcements, given what’s just happened. In the long term, that will help them, since it will ensure longevity for the project.

RPCS3 is needed, there’s no doubt about that, but its true value will only be felt when the PS3 has been consigned to history. At that point people will understand why it was worth all the effort – and the occasional hiccup.

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

Julia Reda MEP Likened to Nazi in Sweeping Anti-Pirate Rant

Post Syndicated from Andy original https://torrentfreak.com/julia-reda-mep-likened-to-nazi-in-sweeping-anti-pirate-rant-170926/

The debate over copyright and enforcement thereof is often polarized, with staunch supporters on one side, objectors firmly on the other, and never the twain shall meet.

As a result, there have been some heated battles over the years, with pro-copyright bodies accusing pirates of theft and pirates accusing pro-copyright bodies of monopolistic tendencies. While neither claim is particularly pleasant, they have become staples of this prolonged war of words and as such, many have become desensitized to their original impact.

This morning, however, musician and staunch pro-copyright activist David Lowery published an article which pours huge amounts of gas on the fire. The headline goes straight for the jugular, asking: Why is it Every Time We Turn Over a Pirate Rock White Nationalists, Nazi’s and Bigots Scurry Out?

Lowery’s opening gambit in his piece on The Trichordist is that one only has to scratch below the surface of the torrent and piracy world in order to find people aligned with the above-mentioned groups.

“Why is it every time we dig a little deeper into the pro-piracy and torrenting movement we find key figures associated with ‘white nationalists,’ Nazi memorabilia collectors, actual Nazis or other similar bigots? And why on earth do politicians, journalists and academics sing the praises of these people?” Lowery asks.

To prove his point, the Camper Van Beethoven musician digs up the fact that former Pirate Bay financier Carl Lündstrom had some fairly unsavory neo-fascist views. While this is not in doubt, Lowery is about 10 tens years too late if he wants to tar The Pirate Bay with the extremist brush.

“It’s called guilt by association,” Pirate Bay co-founder Peter Sunde explained in 2007.

“One of our previous ISPs [owned by Lündstrom] (with clients like The Red Cross, Save the Children foundation etc) gave us cheap bandwidth since one of the guys in TPB worked there; and one of the owners [has a reputation] for his political opinions. That does NOT make us in any way associated to what political views anyone else might or might not have.”

After dealing with TPB but failing to include the above explanation, Lowery moves on to a more recent target, Megaupload founder Kim Dotcom. Dotcom owns an extremely rare signed copy of Hitler’s autobiographical manifesto, Mein Kampf (My Struggle) and once wore a German World War II helmet. It’s a mistake Prince Harry made in 2005 too.

“I’ve bought memorabilia from Churchill, from Stalin, from Hitler,” Dotcom said in response to the historical allegations. “Let me make absolutely clear, OK. I’m not buying into the Nazi ideology. I’m totally against what the Nazis did.”

With Dotcom dealt with, Lowery then turns his attention to the German Pirate Party’s Julia Reda. As a Member of the European Parliament, Reda has made it her mission to deal with overreaching copyright law, which has made her a bit of a target. That being said, would anyone really try to shoehorn her into the “White Nationalists, Nazi’s and Bigots” bracket?

They would.

In his piece, Lowery highlights comments made by Reda last year, when she complained about the copyright situation developing around the diary written by Anne Frank, which detailed the horrors of living in occupied countries during World War II.

Anne Frank died in 1945 which means that the book was elevated into the public domain in the Netherlands on January 1, 2016, 70 years after her death. A copy was made available at Wikisource, a digital library of free texts maintained by the Wikimedia Foundation, which also operates Wikipedia.

However, in early February that same year, Anne Frank’s diary became unavailable, since U.S. copyright law dictates that works are protected for 95 years from date of publication.

“Today, in an unfortunate example of the overreach of the United States’ current copyright law, the Wikimedia Foundation removed the Dutch-language text of The Diary of a Young Girl,” said Jacob Rogers, Legal Counsel for the Wikimedia Foundation

“We took this action to comply with the United States’ Digital Millennium Copyright Act (DMCA), as we believe the diary is still under US copyright protection under the law as it is currently written,” he added.

Lowery ignores this background in its entirety. He actually ignores all of it in an effort to paint a picture of Reda engaging in some far-right agenda. Lowery even places emphasis on Reda’s nationality to force his point home.

“I don’t really know what to make of her except to say that this German politician really should find something other than the Anne Frank Diary and the Anne Frank Foundation to use as an example of a work that should be freely available in the public domain,” he writes.

“Think of all the copyrighted works out there for which she might reasonably argue a claim of public domain. She decided to pick the Anne Frank diary. Hmm.”

Lowery then accuses Reda of urging people on Twitter to pirate the book, in order to hurt the fight against anti-Semitism and somehow deprive Jewish people of an income.

“After all sales of the book are used by the Anne Frank Foundation to fight anti-semitism. It’s really quite a bad look for any MP, German or not. (Even if it is just the make-believe LARPing RPG EU Parliament),” Lowery writes.

“Or maybe that is the point? Defund the Anne Frank Foundation. Cause you know I read in the twittersphere that copyright producing media conglomerates are controlled by you-know-who.”

At this point, Lowery moves on to Fight For the Future, stating that their lack of racial diversity caused them to stumble into a racially charged copyright dispute involving the famous Martin Luther King speech.

The whole article can be read here but hopefully, most readers will recognize that America needs less division right now, not more hatred.

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

Google Signs Agreement to Tackle YouTube Piracy

Post Syndicated from Andy original https://torrentfreak.com/google-signs-unprecedented-agreement-to-tackle-youtube-piracy-170921/

Once upon a time, people complaining about piracy would point to the hundreds of piracy sites around the Internet. These days, criticism is just as likely to be leveled at Google-owned services.

YouTube, in particular, has come in for intense criticism, with the music industry complaining of exploitation of the DMCA in order to obtain unfair streaming rates from record labels. Along with streaming-ripping, this so-called Value Gap is one of the industry’s hottest topics.

With rightsholders seemingly at war with Google to varying degrees, news from France suggests that progress can be made if people sit down and negotiate.

According to local reports, Google and local anti-piracy outfit ALPA (l’Association de Lutte Contre la Piraterie Audiovisuelle) under the auspices of the CNC have signed an agreement to grant rightsholders direct access to content takedown mechanisms on YouTube.

YouTube has granted access to its Content ID systems to companies elsewhere for years but the new deal will see the system utilized by French content owners for the first time. It’s hoped that the access will result in infringing content being taken down or monetized more quickly than before.

“We do not want fraudsters to use our platforms to the detriment of creators,” said Carlo D’Asaro Biondo, Google’s President of Strategic Relationships in Europe, the Middle East and Africa.

The agreement, overseen by the Ministry of Culture, will see Google provide ALPA with financial support and rightsholders with essential training.

ALPA president Nicolas Seydoux welcomed the deal, noting that it symbolizes the “collapse of the wall of incomprehension” that previously existed between France’s rightsholders and the Internet search giant.

The deal forms part of the French government’s “Plan of Action Against Piracy”, in which it hopes to crack down on infringement in various ways, including tackling the threat of pirate sites, better promotion of services offering legitimate content, and educating children “from an early age” on the need to respect copyright.

“The fight against piracy is the great challenge of the new century in the cultural sphere,” said France’s Minister of Culture, Françoise Nyssen.

“I hope this is just the beginning of a process. It will require other agreements with rights holders and other platforms, as well as at the European level.”

According to NextInpact, the Google agreement will eventually encompass the downgrading of infringing content in search results as part of the Trusted Copyright Removal Program. A similar system is already in place in the UK.

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