Tag Archives: domain seizures

The Pirate Bay Isn’t Affected By Adverse Court Rulings – Everyone Else Is

Post Syndicated from Andy original https://torrentfreak.com/the-pirate-bay-isnt-affected-by-adverse-court-rulings-everyone-else-is-170618/

For more than a decade The Pirate Bay has been the world’s most controversial site. Delivering huge quantities of copyrighted content to the masses, the platform is revered and reviled across the copyright spectrum.

Its reputation is one of a defiant Internet swashbuckler, but due to changes in how the site has been run in more recent times, its current philosophy is more difficult to gauge. What has never been in doubt, however, is the site’s original intent to be as provocative as possible.

Through endless publicity stunts, some real, some just for the ‘lulz’, The Pirate Bay managed to attract a massive audience, all while incurring the wrath of every major copyright holder in the world.

Make no mistake, they all queued up to strike back, but every subsequent rightsholder action was met by a Pirate Bay middle finger, two fingers, or chin flick, depending on the mood of the day. This only served to further delight the masses, who happily spread the word while keeping their torrents flowing.

This vicious circle of being targeted by the entertainment industries, mocking them, and then reaping the traffic benefits, developed into the cheapest long-term marketing campaign the Internet had ever seen. But nothing is ever truly for free and there have been consequences.

After taunting Hollywood and the music industry with its refusals to capitulate, endless legal action that the site would have ordinarily been forced to participate in largely took place without The Pirate Bay being present. It doesn’t take a law degree to work out what happened in each and every one of those cases, whatever complex route they took through the legal system. No defense, no win.

For example, the web-blocking phenomenon across the UK, Europe, Asia and Australia was driven by the site’s absolute resilience and although there would clearly have been other scapegoats had The Pirate Bay disappeared, the site was the ideal bogeyman the copyright lobby required to move forward.

Filing blocking lawsuits while bringing hosts, advertisers, and ISPs on board for anti-piracy initiatives were also made easier with the ‘evil’ Pirate Bay still online. Immune from every anti-piracy technique under the sun, the existence of the platform in the face of all onslaughts only strengthened the cases of those arguing for even more drastic measures.

Over a decade, this has meant a significant tightening of the sharing and streaming climate. Without any big legislative changes but plenty of case law against The Pirate Bay, web-blocking is now a walk in the park, ad hoc domain seizures are a fairly regular occurrence, and few companies want to host sharing sites. Advertisers and brands are also hesitant over where they place their ads. It’s a very different world to the one of 10 years ago.

While it would be wrong to attribute every tightening of the noose to the actions of The Pirate Bay, there’s little doubt that the site and its chaotic image played a huge role in where copyright enforcement is today. The platform set out to provoke and succeeded in every way possible, gaining supporters in their millions. It could also be argued it kicked a hole in a hornets’ nest, releasing the hell inside.

But perhaps the site’s most amazing achievement is the way it has managed to stay online, despite all the turmoil.

This week yet another ruling, this time from the powerful European Court of Justice, found that by offering links in the manner it does, The Pirate Bay and other sites are liable for communicating copyright works to the public. Of course, this prompted the usual swathe of articles claiming that this could be the final nail in the site’s coffin.

Wrong.

In common with every ruling, legal defeat, and legislative restriction put in place due to the site’s activities, this week’s decision from the ECJ will have zero effect on the Pirate Bay’s availability. For right or wrong, the site was breaking the law long before this ruling and will continue to do so until it decides otherwise.

What we have instead is a further tightened legal landscape that will have a lasting effect on everything BUT the site, including weaker torrent sites, Internet users, and user-uploaded content sites such as YouTube.

With The Pirate Bay carrying on regardless, that is nothing short of remarkable.

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

Texas Court Orders Temporary ‘Pre-Piracy’ Shutdown of Sports Streaming Sites

Post Syndicated from Ernesto original https://torrentfreak.com/texas-court-orders-temporary-pre-piracy-shutdown-of-sports-streaming-sites-170513/

Copyright holders often complain that they have virtually no means to target pirate sites, especially those run from overseas.

Interestingly, however, in recent months it has become apparent that the US Federal Court system can be used as a prime enforcement tool to shut down pirate domain names.

This is also the path Indian media outfit Times Content Limited (TCL) decided to go down. The company operates the cricket channel Willow TV and owns the US broadcasting rights to the Indian Premier League cricket tournament, which is currently ongoing.

Two weeks ago the company sued several sports streaming sites including smartcric.com and crickethdlive.com. These sites allow users to watch cricket games for free over the Internet, without permission.

To stop this from taking place, the Indian company requested a broad injunction, which the court granted last week.

The preliminary injunction (pdf) orders various third party providers to stop working with these sites effective immediately to prevent future copyright infringements. This also applies to any new domain names or websites the operators may launch.

“…all service providers whose services will enable or facilitate Defendants’ anticipated infringement are ordered to suspend all services with respect to smartcric.com, smartcric.eu, crickethdlive.com, and crickethdlive.pw, or any other website or domain that is redirected from the Websites and continues to distribute and publicly perform the 2017 IPL,” it reads.

Domain registries and registrars are not the only parties that are compelled to comply. It also lists a broad range of intermediaries including hosting companies, CDN services, advertising outfits, and streaming providers.

Where this order clearly differs from similar injunctions in the US is that it specifically targets “anticipated infringement.” Or put differently, it aims to prevent piracy before it takes place.

From the injunction

What stands out further is that the injunction is temporary in nature. It only applies while the Cricket tournament is active. This ends on May 22, after which the parties involved are free to lift or reverse the actions they took.

“For the avoidance of doubt, the Court’s intent is to ensure that Defendants’ Websites be rendered offline, inaccessible and incapable of receiving or displaying audio or video signals between the date of this order and 6:00 am. CDT on May 22, 2017,” the injunction reads.

Over the past few days several of the seized domain names have been placed in a Godaddy holding account belonging to the law firm that represents TCL. And per court order, they will stay there until said date.

That doesn’t mean, however, that the case is over after the tournament ends. In the complaint, TCL also requests damages and other punitive measures, which is something that has to be decided over at a later date.

TorrentFreak spoke to the operator of the streaming sites in question, who says that the lawsuit took him by surprise. After losing his initial domain names he registered several new ones, but these were swiftly taken down as well.

“I moved Smartcric.com to Smartcric.be and Crickethdlive.com to Crickethdlive.pw. However, both domains were suspended as well within a day. Later, I moved Crickethdlive content to Crickethdlive.to however that was suspended yesterday as well,” the operator says.

“It was shocking to see that non-US registries were following the order issued by a US court. It was unfair and unjust to comply with orders of a non-competent court by these registries.”

Interestingly, one of the domain names was registered through the domain name service Njalla, which Pirate Bay co-founder Peter Sunde recently launched. Sunde stresses that the domain was seized beyond their control and that no personal information was shared.

“We’re looking into the case at the moment, but the court took the domain and sent it to a legal firm. We have no way of going above the court and ICANN on this. However, we have of course not sent any information about the customer to anyone,” Sunde says.

The streaming site operator still doubts that he will get his domain names back after the injunction expires. Instead, he’s decided to focus his effort on finding a domain name that falls outside of the scope of the US courts.

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