Tag Archives: ECJ

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.

Pirate Bay Ruling is Bad News For Google & YouTube, Experts Says

Post Syndicated from Andy original https://torrentfreak.com/pirate-bay-ruling-is-bad-news-for-google-youtube-experts-says-170615/

After years of legal wrangling, yesterday the European Court of Justice handed down a decision in the case between Dutch anti-piracy outfit BREIN and ISPs Ziggo and XS4ALL.

BREIN had demanded that the ISPs block The Pirate Bay, but both providers dug in their heels, forcing the case through the Supreme Court and eventually the ECJ.

For BREIN, yesterday’s decision will have been worth the wait. Although The Pirate Bay does not provide the content that’s ultimately downloaded and shared by its users, the ECJ said that it plays an important role in how that content is presented.

“Whilst it accepts that the works in question are placed online by the users, the Court highlights the fact that the operators of the platform play an essential role in making those works available,” the Court said.

With that established the all-important matter is whether by providing such a platform, the operators of The Pirate Bay are effectively engaging in a “communication to the public” of copyrighted works. According to the ECJ, that’s indeed the case.

“The Court holds that the making available and management of an online sharing platform must be considered to be an act of communication for the purposes of the directive,” the ECJ said.

Add into the mix that The Pirate Bay generates profit from its activities and there’s a potent case for copyright liability.

While the case was about The Pirate Bay, ECJ rulings tend to have an effect far beyond individual cases. That’s certainly the opinion of Enzo Mazza, chief at Italian anti-piracy group FIMI.

“The ruling will have a major impact on the way that entities like Google operate, because it will expose them to a greater and more direct responsibility,” Mazza told La Repubblica.

“So far, Google has worked against piracy by eliminating illegal content after it gets reported. But that is not enough. It is a fairly ineffective intervention.”

Mazza says that platforms like Google, YouTube, and thousands of similar sites that help to organize and curate user-uploaded content are somewhat similar to The Pirate Bay. In any event, they are not neutral intermediaries, he insists.

The conclusion that the decision is bad for platforms like YouTube is shared by Fulvio Sarzana, a lawyer with Sarzana and Partners, a law firm specializing in Internet and copyright disputes.

“In the ruling, the Court has in fact attributed, for the first time, secondary liability to sharing platforms due to the violation of copyrights carried out by the users of a platform,” Sarzana informs TF.

“This will have consequences for video-sharing platforms and user-generated content sites like YouTube, but it excludes responsibility for platforms that play a purely passive role, without affecting users’ content. This the case with cyberlockers, for example.”

Sarzana says that “unfortunate judgments” like this should be expected, until the approval of a new European copyright law. Enzo Mazza, on the other hand, feels that the copyright reform debate should take account of this ruling when formulating legislation to stop platforms like YouTube exploiting copyright works without an appropriate license.

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

Facebook Bans Sale of Piracy-Enabling Products & Devices

Post Syndicated from Andy original https://torrentfreak.com/facebook-bans-sale-of-piracy-enabling-products-devices-170525/

Riding the crest of a wave made possible by the rise of Internet streaming, piracy-enabled set-top boxes and similar devices have been hitting the homes of millions around the globe.

Often given the broad title of ‘Kodi Boxes’ after the legal open source software that commonly comes pre-installed, these devices are regularly configured for piracy with the aid of third-party addons.

Easy to use, set-top devices have opened up piracy to a whole new audience, normalizing it during the process. It’s a problem now being grappled with by anti-piracy outfits in a number of ways, including putting pressure on services where the boxes are being sold.

Now there are signs that Facebook has decided – or more likely been persuaded – to ban the sale of these devices from its platform. The latest addition to its Commerce Policy carries a new rule (13) which targets infringing set-top boxes almost perfectly.

“Items, products or services sold on Facebook must comply with our Community Standards, as well as the Commerce Policies,” the page reads.

“Sale of the following is prohibited on Facebook: Products or items that facilitate or encourage unauthorized access to digital media.”

The move by Facebook follows similar overtures from Amazon back in March. In a change to its policies, the company said that devices that promote or facilitate infringement would not be tolerated.

“Products offered for sale on Amazon should not promote, suggest the facilitation of, or actively enable the infringement of or unauthorized access to digital media or other protected content,” Amazon said.

“Any streaming media player or other device that violates this policy is prohibited from sale on Amazon,” the company added.

The recent move by Facebook was welcomed by Federation Against Copyright Theft chief, Kieron Sharp.

“It is great to see Facebook follow the likes of Amazon and eBay in making changes to their policies to prohibit the sale of illicit streaming devices on their platforms,” Sharpe said.

“These days social media sites are more than just a place to share photos and comments with friends and family. Unfortunately, the fast-paced development of these sites are being exploited by opportunists for criminal activity which needs to be disrupted.”

The sale of infringing devices on social media does indeed pose a challenge to the likes of FACT.

While most piracy devices have traditionally needed an expert touch to configure and then sell, in 2017 almost anyone can buy a standard Android device and set it up for piracy in a matter of minutes. This means that every interested citizen is a potential seller and Facebook provides a perfect platform that people are already familiar with.

Nevertheless, recent rulings from the EU Court of Justice have clarified two key issues, both of which will help in the fight to reduce the availability of ‘pirate’ boxes, wherever they appear.

In April, the ECJ declared such devices illegal to sell while clarifying that users who stream pirate content to their homes are also breaking the law.

It’s unlikely that any end users will be punished (particularly to the ridiculous extent erroneously reported by some media), but it certainly helps to demonstrate illegality across the board when outfits like FACT are considering prosecutions.

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

What Now For ‘Pirate’ Boxes & Streaming Following the ECJ Ruling?

Post Syndicated from Andy original https://torrentfreak.com/what-now-for-pirate-boxes-streaming-following-the-ecj-ruling-170429/

On Wednesday, the European Court of Justice handed down its decision in the long-running case between Dutch anti-piracy group BREIN and Filmspeler.nl.

Filmspeler sold Android-type devices with Kodi software installed. However, it augmented otherwise legal setups with third-party addons designed to deliver infringing content to customers.

Filmspeler’s owners felt that its pre-configured devices were legal, but both BREIN and ultimately the ECJ disagreed, with the latter noting that their sale amounted to a “communication to the public” in respect of infringing content.

So what does this decision mean for the sale of so-called “fully-loaded” devices in the EU? In the very short term, probably very little. Longer term, some changes probably lie ahead.

Suppliers

There can be little doubt that one of the first places people turn to for such devices are places like eBay. But despite some recent UK tabloid claims that the auction site had banned their sale, a cursory search today reveals hundreds of listings for devices that are clearly configured for piracy.

Over time – whether due to eBay tightening its policies, more aggressive reporting of infringing listings by rights holders, or increased caution on the part of sellers due to prosecutions – it’s likely that these kinds of blatant ‘pirate’ listings will become much less common. However, sellers will find subtle ways to get their message across, without attracting too much attention.

For instance, people hoping to watch satellite TV without paying for an expensive subscription can head over to eBay and pop the otherwise benign terms “satellite” and “gift” into the search box. Hundreds of listings appear, the majority of which offer a pirate subscription to an illegal card-sharing service. ‘Pirate’ box sellers are likely to employ similar tactics in future.

While sprawling, eBay is relatively easy to police but the same cannot be said of the listings that appear in local classified papers. These ads are often placed by regular people who have nurtured a small cottage industry selling a few boxes per week. These people could find themselves targeted by authorities, but sheer numbers will dictate that most fly under the radar.

For suppliers still intent on shifting volume, safer strategies exist.

Pirate addons? Get ready for a DIY boom

This week’s ECJ ruling has nothing to do with the sale of basic hardware and everything to do with infringing software. In other words, if box suppliers sell devices with little other than an operating system installed, they are not breaking the law. This presents a problem, however.

A typical ‘pirate’ box buyer hasn’t got the knowledge to turn an Android device into a piracy machine, that’s why he bought the thing off eBay in the first instance. This means that these kinds of people will be much less likely to buy if they have to mess around themselves. However, if they only have to click a couple of links to get going, that probably won’t be too much of a problem.

That’s certainly the case with native Android apps such as Showbox, Popcorn Time, Mobdro, and Terrarium TV, which are all installed to a set-top device with a couple of clicks, even by the complete novice. With this in mind, it’s likely that sellers will very gently direct customers to sites offering the software and tutorials, rather than take the risk themselves.

Custom installers for Kodi (such as TVAddons’ Fusion) are also widely available and will no doubt gain further traction if the availability of pre-configured ‘pirate’ boxes is restricted. Expect there to be a lot of innovation in this area, with an emphasis on making this as close to a ‘one-click’ process as possible.

But will users be breaking the law using these setups?

In a word – probably.

Up until this week, it was widely believed that users who merely stream pirated content are not breaking the law. It was a position even held by UK Trading Standards, who have an important prosecution pending against a box seller.

But the ECJ’s decision published on Wednesday appears to have removed all doubt, noting that a “copyright-protected work obtained by streaming from a website belonging to a third party offering that work without the consent of the copyright holder” does not qualify for exemption from reproduction rights.

In other words, streaming copyrighted content from an illicit source is now just as illegal in the EU as downloading from an illicit source. So what does this mean for the average ‘pirate’ box user? In the short term, probably not a great deal.

When a user downloads or streams infringing content, whether that’s from a file-hosting site, streaming portal, or even YouTube, no third parties are legally able to get in the way to monitor what’s going on. The user’s connection is directly communicating with the source, and unlike BitTorrent, there are no easily monitored and potentially risky uploads going on.

So yes, streaming is now apparently confirmed illegal but will remain a hidden offense carried out by dozens of millions of people all around the EU. Even in the face of an ECJ ruling, only their consciences will stand between them and illicit content, whether a box seller installed the addons, or if they did the deed themselves.

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