Tag Archives: ECJ

The Pirate Bay’s Domain Suffers “40% Traffic Drop” After Dutch Blocking

Post Syndicated from Andy original https://torrentfreak.com/the-pirate-bays-domain-suffers-40-traffic-drop-after-dutch-blocking-180302/

Over the past several years, Dutch anti-piracy outfit BREIN has been engaged in continuous legal action against local ISPs Ziggo and XS4All. BREIN felt they should block The Pirate Bay to reduce copyright infringement but the ISPs felt blocking was disproportionate.

The case went all the way to the Supreme Court and then to the EU Court of Justice for clarification. Last June, the ECJ ruled that as a platform effectively communicating copyright works to the public, The Pirate Bay can indeed be blocked by ISPs.

The case will go back to the Supreme Court which is likely to give permanent blocking the go ahead. However, BREIN wanted a blocking decision more quickly and got one last September when The Hague Court of Appeal told Ziggo and XS4All to block The Pirate Bay pending a Supreme Court decision.

With The Pirate Bay blocked by the ISPs from September last year, BREIN has been monitoring the effect of the blockade on traffic to the site. In a statement, the anti-piracy outfit suggests that blocking is doing its job.

“Monitoring by ComScore shows that the number of unique visitors to thepiratebay.org from the Netherlands has dropped by more than 40% between September 2017 and December 2017 after internet providers Ziggo and XS4ALL were ordered by the court to demand access to the site on the basis of BREIN’s claim,” BREIN writes.

Ziggo is the largest cable operator in the Netherlands and XS4All one of the longest standing, so it comes as no surprise to learn that traffic to The Pirate Bay’s main domain has been hit. However, since the site can be accessed in numerous different indirect ways, including via proxies, mirrors and VPNs, to name a few, does BREIN’s claim that “blocking works” still hold water?

According to BREIN director Tim Kuik, yes it does.

“We also are blocking many proxies and mirrors. There is a whole list of them which also changes. New ones are added and others may be deleted,” Kuik informs TF.

“The monitoring compares like with like and shows a trend that correlates with other sources. I think this trend holds true for all blocked sites.”

So, to be clear, the 40% does not represent a drop in Dutch traffic to The Pirate Bay’s site and/or content overall, it only represents traffic which goes directly to the specific thepiratebay.org domain. Anyone circumventing the blockade isn’t counted.

Of course, that’s not to say that the overall traffic numbers from the Netherlands aren’t down as well, but there are no public figures to prove that one way or another. The precise impact of proxies and mirrors is also unclear but Kuik thinks that the blockades themselves send a message.

“Bypassing a blockade requires users to take action to illegally download and it is now clear that they are committing a criminal offense and most people do not want that,” he says.

VPNs are undoubtedly an effective unblocking solution for some but Kuik doesn’t believe they represent a big threat, currently at least.

“We think VPN use is not common under the average user, that is more something for the hardcore and not all of those will use it for access to illegal sources,” he informs TF.

While BREIN is fairly relaxed about VPNs for now, the group suggests it could take action if they begin to pose a risk to the site-blocking regime they’ve fought so hard for.

“If it becomes problematic, blocking could in principle also be demanded from VPN services,” Kuik warns.

Given the 40% figure and the caveats above, it is likely that the direct traffic figure to The Pirate Bay’s domain will fall again in the months to come. Mid-January a Dutch court ruled that local Internet providers KPN, Tele2, T-Mobile, Zeelandnet and CAIW must follow Ziggo and XS4All by also blocking The Pirate Bay.

There’s no doubt that blocking has at least some effect on direct traffic to pirate sites and it’s clear that entertainment industry groups feel it’s essential as part of a bigger anti-piracy toolkit.

Thus far, however, pirates have proven to be extremely resilient so the Netherlands will probably need further action against a much broader range of sites if blocking is to have any meaningful effect.

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

Съд на ЕС: за компетентността на частните компании, опериращи платформи, да заличават съдържание

Post Syndicated from nellyo original https://nellyo.wordpress.com/2018/01/26/fb-5/

Много важен въпрос е поставен пред Съда на ЕС,  засега не е публикуван на сайта на Съда – ще допълня, когато го публикуват.

Нарастващата мощ на интернет  компаниите да вземат решения по отношение на съдържанието не бива да остава извън полезрението ни.

EU Court: Cloud-Based TV Recorder Requires Rightsholder Permission

Post Syndicated from Andy original https://torrentfreak.com/eu-court-cloud-based-tv-recorder-requires-rightsholder-permission-171130/

Over the years, many useful devices have come along which enable the public to make copies of copyright works, the VCR (video cassette recorder) being a prime example.

But while many such devices have been consumed by history, their modern equivalents still pose tricky questions for copyright law. One such service is VCAST, which markets itself as a Video Cloud Recorder. It functions in a notionally similar way to its older cousin but substitutes cassette storage for that in the cloud.

VCAST targets the Italian market, allowing users to sign up in order to gain access to more than 50 digital terrestrial TV channels. However, rather than simply watching live, the user can tell VCAST to receive TV shows (via its own antenna system) while recording them to private cloud storage (such as Google Drive) for subsequent viewing over the Internet.

VCAST attracted the negative interests of rightsholders, including Mediaset-owned RTI, who doubted the legality of the service. So, in response, VCAST sued RTI at the Turin Court of First Instance, seeking a judgment confirming the legality of its operations. The company believed that since the recordings are placed in users’ own cloud storage, the Italian private copying exception would apply and rightsholders would be compensated.

Perhaps unsurprisingly given the complexity of the case, the Turin Court decided to refer questions to the European Court of Justice. It essentially asked whether the private copying exception is applicable when the copying requires a service like VCAST and whether such a service is allowed to operate without permission from copyright holders.

In September, Advocate General Szpunar published his opinion, concluding that EU law prohibits this kind of service when copyright holders haven’t given their permission. Today, the ECJ handed down its decision, broadly agreeing with Szpunar’s conclusion.

“By today’s judgment, the Court finds that the service provided by VCAST has a dual functionality, consisting in ensuring both the reproduction and the making available of protected works. To the extent that the service offered by VCAST consists in the making available of protected works, it falls within communication to the public,” the ECJ announced.

“In that regard, the Court recalls that, according to the directive, any communication to the public, including the making available of a protected work or subject-matter, requires the rightholder’s consent, given that the right of communication of works to the public should be understood, in a broad sense, as covering any transmission or retransmission of a work to the public by wire or wireless means, including broadcasting.”

The ECJ notes that the original transmission made by RTI was intended for one audience. In turn, the transmission by VCAST was intended for another. In this respect, the subsequent VCAST transmission was made to a “new public”, which means that copyright holder permission is required under EU law.

“Accordingly, such a remote recording service cannot fall within the private copying exception,” the ECJ concludes.

The full text of the judgment can be found here.

The key ruling reads as follows:

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, in particular Article 5(2)(b) thereof, must be interpreted as precluding national legislation which permits a commercial undertaking to provide private individuals with a cloud service for the remote recording of private copies of works protected by copyright, by means of a computer system, by actively involving itself in the recording, without the rightholder’s consent.

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

Ares Kodi Project Calls it Quits After Hollywood Cease & Desist

Post Syndicated from Andy original https://torrentfreak.com/ares-kodi-project-calls-it-quits-after-hollywood-cease-desist-171117/

This week has been particularly bad for those involved in the Kodi addon scene. Following cease-and-desist notices from the MPA-led anti-piracy coalition Alliance for Creativity and Entertainment, several addon developers and repositories shut down.

With Columbia, Disney, Paramount, Twentieth Century Fox, Universal, Warner, Netflix, Amazon and Sky TV all lined up for war, the third-party developers had little choice but to quit. One of those affected was the leader of the hugely popular Ares Project, which quietly disappeared mid-week.

The Ares Wizard was an extremely popular and important piece of software which allowed people to switch Kodi builds, install third-party addons, install popular repositories, change system settings, and carry out backups. It’s installed on huge numbers of machines worldwide but it will soon fall into disrepair.

The mighty Ares Wizard in action

“[This week] I was subject to a hand-delivered notice to cease-and-desist from MPA & ACE,” Ares Project leader Tekto informs TorrentFreak.

“Given the notice, we obviously shut down the repo and wizard as requested.”

The news that Ares Project is done and never coming back will be a huge blow to the community. The project just celebrated its second birthday and has grown exponentially since it first arrived on the scene.

“Ares Project started in Oct 2015. Originally it was to be a tool to setup up the video cache on Kodi correctly. However, many ideas were thrown into the pot and it became a wee bit more; such as a wizard to install community provided builds, common addons and few other tweaks and options,” Tekto says.

“For my own part I started blogging earlier that year as part of a longer-term goal to be self-funding. I always disliked seeing begging bowls out to support ‘server’ costs, many of which were cheap £5-10 per month servers that were used to gain £100s in donations.

“The blog, via affiliate links and ads, could and would provide the funds to cover our hosting costs without resorting to begging for money every weekend.”

Intrigued by this first wave of actions by ACE in Europe, TorrentFreak asked for a copy of the MPA/ACE cease-and-desist notice but unfortunately, Tekto flat-out refused. All he would tell us is that he’d agreed not to give out any copies or screenshots and that he was adhering to that 100%.

That only leaves speculation as to what grounds the MPA/ACE cited for closing the project but to be fair, it doesn’t take much thought to find a direct comparison. Earlier this year, in the BREIN v Filmspeler case, the European Court of Justice (ECJ) ruled that selling “fully-loaded” Kodi boxes amounted to illegally communicating copyrighted content to the public.

With that in mind, it doesn’t take much of a leap to see how this ruling could also apply to someone distributing “fully-loaded” Kodi software builds or addons via a website. It had previously been considered a legal gray area, of course, and it was in that space that the Ares team believed it operated. After all, it took ECJ clarification for local courts in the Netherlands to be satisfied with the legal position.

“There was never any question that what we were doing was illegal. We didn’t and never have hosted any content, we always prevented discussions about illegal paid services, and never sold any devices, pre-loaded or otherwise. That used to be enough to occupy the ‘gray’ area which meant we were safe to develop our applications. That changed in 2017 as we were to discover,” Tekto notes.

Up until this week and apparently oblivious to how the earlier ECJ ruling might affect their operation, things had been going extremely well for Ares. In mid-2016, the group moved to its own support forum that attracted 100,000 signed-up members and 300,000 visitors every month.

“This was quite an achievement in terms of viral marketing but ultimately this would become part of our downfall,” Tekto says.

“The recent innovation of the ‘basket driven’ Ares Portal system seems to have triggered the legal move to shut the project down completely. This simple system gave access to hundreds of add-ons. The system removed the need for builds, blogs and YouTubers – you just shopped on the site for addons and then installed them to your device with a simple 6 digit code.”

While Ares and Tekto still didn’t believe they were doing anything illegal (addons were linked, not hosted) it is now pretty clear to them that the previous gray area has been well and truly closed, at least as far as the MPA/ACE alliance is concerned. And with that in mind, the show is over. Done. Finished.

“We are not criminals or malicious hackers, we weren’t even careful about hiding our identities. You couldn’t meet a more ordinary bunch of folks in truth,” he says.

“There was never any question we would close our doors if what we were doing crossed any boundaries of legality. So with the notice served on us, we are closing our doors and removing all our websites and applications. It’s a sad day in many ways, but nobody wants to be facing court or a potential custodial sentence, for what is essentially a hobby.”

Finally, Tekto says that others like him might want to consider their positions carefully, before they too get a knock at the door. In the meantime, he gives thanks to the project’s supporters, who have remained loyal over the past two years.

“It just leaves me to thank our users for their support and step away from the Kodi scene,” he concludes.

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

‘Pirate’ EBook Site Refuses Point Blank to Cooperate With BREIN

Post Syndicated from Andy original https://torrentfreak.com/pirate-ebook-site-refuses-point-blank-to-cooperate-with-brein-171015/

Dutch anti-piracy group BREIN is probably best known for its legal action against The Pirate Bay but the outfit also tackles many other forms of piracy.

A prime example is the case it pursued against a seller of fully-loaded Kodi boxes in the Netherlands. The subsequent landmark ruling from the European Court of Justice will reverberate around Europe for years to come.

Behind the scenes, however, BREIN persistently tries to take much smaller operations offline, and not without success. Earlier this year it revealed it had taken down 231 illegal sites and services includes 84 linking sites, 63 streaming portals, and 34 torrent sites. Some of these shut down completely and others were forced to leave their hosting providers.

Much of this work flies under the radar but some current action, against an eBook site, is now being thrust into the public eye.

For more than five years, EBoek.info (eBook) has serviced Internet users looking to obtain comic books in Dutch. The site informs TorrentFreak it provides a legitimate service, targeted at people who have purchased a hard copy but also want their comics in digital format.

“EBoek.info is a site about comic books in the Dutch language. Besides some general information about the books, people who have legally obtained a hard copy of the books can find a link to an NZB file which enables them to download a digital version of the books they already have,” site representative ‘Zala’ says.

For those out of the loop, NZB files are a bit like Usenet’s version of .torrent files. They contain no copyrighted content themselves but do provide software clients with information on where to find specific content, so it can be downloaded to a user’s machine.

“BREIN claims that this is illegal as it is impossible for us to verify if our visitor is telling the truth [about having purchased a copy],” Zala reveals.

Speaking with TorrentFreak, BREIN chief Tim Kuik says there’s no question that offering downloads like this is illegal.

“It is plain and simple: the site makes links to unauthorized digital copies available to the general public and therefore is infringing copyright. It is distribution of the content without authorization of the rights holder,” Kuik says.

“The unauthorized copies are not private copies. The private copy exception does not apply to this kind of distribution. The private copy has not been made by the owner of the book himself for his own use. Someone else made the digital copy and is making it available to anyone who wants to download it provided he makes the unverified claim that he has a legal copy. This harms the normal exploitation of the
content.”

Zala says that BREIN has been trying to take his site offline for many years but more recently, the platform has utilized the services of Cloudflare, partly as a form of shield. As readers may be aware, a site behind Cloudflare has its originating IP addresses hidden from the public, not to mention BREIN, who values that kind of information. According to the operator, however, BREIN managed to obtain the information from the CDN provider.

“BREIN has tried for years to take our site offline. Recently, however, Cloudflare was so friendly to give them our IP address,” Zala notes.

A text copy of an email reportedly sent by BREIN to EBoek’s web host and seen by TF appears to confirm that Cloudflare handed over the information as suggested. Among other things, the email has BREIN informing the host that “The IP we got back from Cloudflare is XXX.XXX.XX.33.”

This means that BREIN was able to place direct pressure on EBoek.info’s web host, so only time will tell if that bears any fruit for the anti-piracy group. In the meantime, however, EBoek has decided to go public over its battle with BREIN.

“We have received a request from Stichting BREIN via our hosting provider to take EBoek.info offline,” the site informed its users yesterday.

Interestingly, it also appears that BREIN doesn’t appreciate that the operators of EBoek have failed to make their identities publicly known on their platform.

“The site operates anonymously which also is unlawful. Consumer protection requires that the owner/operator of a site identifies himself,” Kuik says.

According to EBoek, the anti-piracy outfit told the site’s web host that as a “commercial online service”, EBoek is required under EU law to display its “correct and complete business information” including names, addresses, and other information. But perhaps unsurprisingly, the site doesn’t want to play ball.

“In my opinion, you are confusing us with Facebook. They are a foreign commercial company with a European branch in Ireland, and therefore are subject to Irish legislation,” Zala says in an open letter to BREIN.

“Eboek.info, on the other hand, is a foreign hobby club with no commercial purpose, whose administrators have no connection with any country in the European Union. As administrators, we follow the laws of our country of residence which do not oblige us to disclose our identity through our website.

“The fact that Eboek is visible in the Netherlands does not just mean that we are going to adapt to Dutch rules, just as we don’t adapt the site to the rules of Saudi Arabia or China or wherever we are available.”

In a further snub to the anti-piracy group, EBoek says that all visitors to the site have to communicate with its operators via its guestbook, which is publicly visible.

“We see no reason to make an exception for Stichting BREIN,” the site notes.

What makes the situation more complex is that EBoek isn’t refusing dialog completely. The site says it doesn’t want to talk to BREIN but will speak to BREIN’s customers – the publishers of the comic books in question – noting that to date no complaints from publishers have ever been received.

While the parties argue about lines of communication, BREIN insists that following this year’s European Court of Justice decision in the GS Media case, a link to a known infringing work represents copyright infringement. In this case, an NZB file – which links to a location on Usenet – would generally fit the bill.

But despite focusing on the Dutch market, the operators of EBoek say the ruling doesn’t apply to them as they’re outside of the ECJ’s jurisdiction and aren’t commercially motivated. Refusing point blank to take their site offline, EBoek’s operators say that BREIN can do its worst, nothing will have much effect.

“[W]hat’s the worst thing that can happen? That our web host hands [BREIN] our address and IP data. In that case, it will turn out that…we are actually far away,” Zala says.

“[In the case the site goes offline], we’ll just put a backup on another server and, in this case, won’t make use of the ‘services’ of Cloudflare, the provider that apparently put BREIN on the right track.”

The question of jurisdiction is indeed an interesting one, particularly given BREIN’s focus in the Netherlands. But Kuik is clear – it is the area where the content is made available that matters.

“The law of the country where the content is made available applies. In this case the EU and amongst others the Netherlands,” Kuik concludes.

To be continued…..

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

Block The Pirate Bay Within 10 Days, Dutch Court Tells ISPs

Post Syndicated from Andy original https://torrentfreak.com/block-the-pirate-bay-within-10-days-dutch-court-tells-isps-170922/

Three years ago in 2014, The Court of The Hague handed down its decision in a long-running case which had previously forced two Dutch ISPs, Ziggo and XS4ALL, to block The Pirate Bay.

Ruling against local anti-piracy outfit BREIN, which brought the case, the Court decided that a blockade would be ineffective and also restrict the ISPs’ entrepreneurial freedoms.

The Pirate Bay was unblocked while BREIN took its case to the Supreme Court, which in turn referred the matter to the EU Court of Justice for clarification. This June, the ECJ ruled that as a platform effectively communicating copyright works to the public, The Pirate Bay can indeed be blocked.

The ruling meant there were no major obstacles preventing the Dutch Supreme Court from ordering a future ISP blockade. Clearly, however, BREIN wanted a blocking decision more quickly. A decision handed down today means the anti-piracy group will achieve that in just a few days’ time.

The Hague Court of Appeal today ruled (Dutch) that the 2014 decision, which lifted the blockade against The Pirate Bay, is now largely obsolete.

“According to the Court of Appeal, the Hague Court did not give sufficient weight to the interests of the beneficiaries represented by BREIN,” BREIN said in a statement.

“The Court also wrongly looked at whether torrent traffic had been reduced by the blockade. It should have also considered whether visits to the website of The Pirate Bay itself decreased with a blockade, which speaks for itself.”

As a result, an IP address and DNS blockade of The Pirate Bay, similar to those already in place in the UK and other EU countries, will soon be put in place. BREIN says that four IP addresses will be affected along with hundreds of domain names through which the torrent platform can be reached.

The ISPs have been given just 10 days to put the blocks in place and if they fail there are fines of 2,000 euros per day, up to a maximum of one million euros.

“It is nice that obviously harmful and illegal sites like The Pirate Bay will be blocked again in the Netherlands,” says BREIN chief Tim Kuik.

“A very bad time for our culture, which was free to access via these sites, is now happily behind us.”

Today’s interim decision by the Court of Appeal will stand until the Supreme Court hands down its decision in the main case between BREIN and Ziggo / XS4ALL.

Looking forward, it seems extremely unlikely that the Supreme Court will hand down a conflicting decision, so we’re probably already looking at the beginning of the end for direct accessibility of The Pirate Bay in the Netherlands.

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

New UK IP Crime Report Reveals Continued Focus on ‘Pirate’ Kodi Boxes

Post Syndicated from Andy original https://torrentfreak.com/new-uk-ip-crime-report-reveals-continued-focus-on-pirate-kodi-boxes-170908/

The UK’s Intellectual Property Office has published its annual IP Crime Report, spanning the period 2016 to 2017.

It covers key events in the copyright and trademark arenas and is presented with input from the police and trading standards, plus private entities such as the BPI, Premier League, and Federation Against Copyright Theft, to name a few.

The report begins with an interesting statistic. Despite claims that many millions of UK citizens regularly engage in some kind of infringement, figures from the Ministry of Justice indicate that just 47 people were found guilty of offenses under the Copyright, Designs and Patents Act during 2016. That’s down on the 69 found guilty in the previous year.

Despite this low conviction rate, 15% of all internet users aged 12+ are reported to have consumed at least one item of illegal content between March and May 2017. Figures supplied by the Industry Trust for IP indicate that 19% of adults watch content via various IPTV devices – often referred to as set-top, streaming, Android, or Kodi boxes.

“At its cutting edge IP crime is innovative. It exploits technological loopholes before they become apparent. IP crime involves sophisticated hackers, criminal financial experts, international gangs and service delivery networks. Keeping pace with criminal innovation places a burden on IP crime prevention resources,” the report notes.

The report covers a broad range of IP crime, from counterfeit sportswear to foodstuffs, but our focus is obviously on Internet-based infringement. Various contributors cover various aspects of online activity as it affects them, including music industry group BPI.

“The main online piracy threats to the UK recorded music industry at present are from BitTorrent networks, linking/aggregator sites, stream-ripping sites, unauthorized streaming sites and cyberlockers,” the BPI notes.

The BPI’s website blocking efforts have been closely reported, with 63 infringing sites blocked to date via various court orders. However, the BPI reports that more than 700 related URLs, IP addresses, and proxy sites/ proxy aggregators have also been rendered inaccessible as part of the same action.

“Site blocking has proven to be a successful strategy as the longer the blocks are in place, the more effective they are. We have seen traffic to these sites reduce by an average of 70% or more,” the BPI reports.

While prosecutions against music pirates are a fairly rare event in the UK, the Crown Prosecution Service (CPS) Specialist Fraud Division highlights that their most significant prosecution of the past 12 months involved a prolific music uploader.

As first revealed here on TF, Wayne Evans was an uploader not only on KickassTorrents and The Pirate Bay, but also some of his own sites. Known online as OldSkoolScouse, Evans reportedly cost the UK’s Performing Rights Society more than £1m in a single year. He was sentenced in December 2016 to 12 months in prison.

While Evans has been free for some time already, the CPS places particular emphasis on the importance of the case, “since it provided sentencing guidance for the Copyright, Designs and Patents Act 1988, where before there was no definitive guideline.”

The CPS says the case was useful on a number of fronts. Despite illegal distribution of content being difficult to investigate and piracy losses proving tricky to quantify, the court found that deterrent sentences are appropriate for the kinds of offenses Evans was accused of.

The CPS notes that various factors affect the severity of such sentences, not least the length of time the unlawful activity has persisted and particularly if it has done so after the service of a cease and desist notice. Other factors include the profit made by defendants and/or the loss caused to copyright holders “so far as it can accurately be calculated.”

Importantly, however, the CPS says that beyond issues of personal mitigation and timely guilty pleas, a jail sentence is probably going to be the outcome for others engaging in this kind of activity in future. That’s something for torrent and streaming site operators and their content uploaders to consider.

“[U]nless the unlawful activity of this kind is very amateur, minor or short-lived, or in the absence of particularly compelling mitigation or other exceptional circumstances, an immediate custodial sentence is likely to be appropriate in cases of illegal distribution of copyright infringing articles,” the CPS concludes.

But while a music-related trial provided the highlight of the year for the CPS, the online infringement world is still dominated by the rise of streaming sites and the now omnipresent “fully-loaded Kodi Box” – set-top devices configured to receive copyright-infringing live TV and VOD.

In the IP Crime Report, the Intellectual Property Office references a former US Secretary of Defense to describe the emergence of the threat.

“The echoes of Donald Rumsfeld’s famous aphorism concerning ‘known knowns’ and ‘known unknowns’ reverberate across our landscape perhaps more than any other. The certainty we all share is that we must be ready to confront both ‘known unknowns’ and ‘unknown unknowns’,” the IPO writes.

“Not long ago illegal streaming through Kodi Boxes was an ‘unknown’. Now, this technology updates copyright infringement by empowering TV viewers with the technology they need to subvert copyright law at the flick of a remote control.”

While the set-top box threat has grown in recent times, the report highlights the important legal clarifications that emerged from the BREIN v Filmspeler case, which found itself before the European Court of Justice.

As widely reported, the ECJ determined that the selling of piracy-configured devices amounts to a communication to the public, something which renders their sale illegal. However, in a submission by PIPCU, the Police Intellectual Property Crime Unit, box sellers are said to cast a keen eye on the legal situation.

“Organised criminals, especially those in the UK who distribute set-top boxes, are aware of recent developments in the law and routinely exploit loopholes in it,” PIPCU reports.

“Given recent judgments on the sale of pre-programmed set-top boxes, it is now unlikely criminals would advertise the devices in a way which is clearly infringing by offering them pre-loaded or ‘fully loaded’ with apps and addons specifically designed to access subscription services for free.”

With sellers beginning to clean up their advertising, it seems likely that detection will become more difficult than when selling was considered a gray area. While that will present its own issues, PIPCU still sees problems on two fronts – a lack of clear legislation and a perception of support for ‘pirate’ devices among the public.

“There is no specific legislation currently in place for the prosecution of end users or sellers of set-top boxes. Indeed, the general public do not see the usage of these devices as potentially breaking the law,” the unit reports.

“PIPCU are currently having to try and ‘shoehorn’ existing legislation to fit the type of criminality being observed, such as conspiracy to defraud (common law) to tackle this problem. Cases are yet to be charged and results will be known by late 2017.”

Whether these prosecutions will be effective remains to be seen, but PIPCU’s comments suggest an air of caution set to a backdrop of box-sellers’ tendency to adapt to legal challenges.

“Due to the complexity of these cases it is difficult to substantiate charges under the Fraud Act (2006). PIPCU have convicted one person under the Serious Crime Act (2015) (encouraging or assisting s11 of the Fraud Act). However, this would not be applicable unless the suspect had made obvious attempts to encourage users to use the boxes to watch subscription only content,” PIPCU notes, adding;

“The selling community is close knit and adapts constantly to allow itself to operate in the gray area where current legislation is unclear and where they feel they can continue to sell ‘under the radar’.”

More generally, pirate sites as a whole are still seen as a threat. As reported last month, the current anti-piracy narrative is that pirate sites represent a danger to their users. As a result, efforts are underway to paint torrent and streaming sites as risky places to visit, with users allegedly exposed to malware and other malicious content. The scare strategy is supported by PIPCU.

“Unlike the purchase of counterfeit physical goods, consumers who buy unlicensed content online are not taking a risk. Faulty copyright doesn’t explode, burn or break. For this reason the message as to why the public should avoid copyright fraud needs to be re-focused.

“A more concerted attempt to push out a message relating to malware on pirate websites, the clear criminality and the links to organized crime of those behind the sites are crucial if public opinion is to be changed,” the unit advises.

But while the changing of attitudes is desirable for pro-copyright entities, PIPCU says that winning over the public may not prove to be an easy battle. It was given a small taste of backlash itself, after taking action against the operator of a pirate site.

“The scale of the problem regarding public opinion of online copyright crime is evidenced by our own experience. After PIPCU executed a warrant against the owner of a streaming website, a tweet about the event (read by 200,000 people) produced a reaction heavily weighted against PIPCU’s legitimate enforcement action,” PIPCU concludes.

In summary, it seems likely that more effort will be expended during the next 12 months to target the set-top box threat, but there doesn’t appear to be an abundance of confidence in existing legislation to tackle all but the most egregious offenders. That being said, a line has now been drawn in the sand – if the public is prepared to respect it.

The full IP Crime Report 2016-2017 is available here (pdf)

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

BREIN Takes Down 231 Pirate Sites in Six Months, But That’s Not All

Post Syndicated from Andy original https://torrentfreak.com/brein-takes-down-231-pirate-sites-in-six-months-but-thats-not-all-170722/

Over the years, the MPAA and RIAA have grabbed hundreds of headlines for their anti-piracy activities but recently their work has been more subtle. The same cannot be said of Dutch anti-piracy group BREIN.

BREIN is the most prominent outfit of its type in the Netherlands but it’s not uncommon for its work to be felt way beyond its geographical borders. The group’s report for the first six months of 2017 illustrates that in very clear terms.

In its ongoing efforts to reduce piracy on movies, music, TV shows, books and games, BREIN says it carried out 268 investigations during the first two quarters of 2017. That resulted in the takedown of 231 piracy-focused sites and services.

They included 45 cyberlocker linking sites, 30 streaming sites and 9 torrent platforms. The last eDonkey site in the Netherlands was among the haul after its operators reached a settlement with BREIN. The anti-piracy outfit reports that nearly all of the sites were operated anonymously so in many instances hosting providers were the ones to pull the plug, at BREIN’s request.

BREIN has also been actively tracking down people who make content available on file-sharing networks. These initial uploaders are considered to be a major part of the problem, so taking them out of the equation is another of BREIN’s goals.

In total, 14 major uploaders to torrent, streaming, and Usenet platforms were targeted by BREIN in the first six months of this year, with each given the opportunity to settle out of court or face legal action. Settlements typically involved a cash payment of between 250 and 7,500 euros but in several instances, uploaders were also required to take down the content they had uploaded.

In one interesting case, BREIN obtained an ex parte court order against a person running a “live cinema” on Facebook. He later settled with the anti-piracy group for 7,500 euros.

BREIN has also been active in a number of other areas. The group says it had almost 693,000 infringing results removed from Google search, pushing its total takedowns to more than 15.8 million. In addition, more than 2,170 listings for infringing content and devices were removed from online marketplaces and seven piracy-focused Facebook groups were taken down.

But while all of these actions have an effect locally, it is BREIN’s persistence in important legal cases that have influenced the copyright landscape across Europe.

Perhaps the most important case so far is BREIN v Filmspeler, which saw the anti-piracy group go all the way to the European Court of Justice for clarification on the law surrounding so-called “fully loaded” set-top boxes.

In a ruling earlier this year, the ECJ not only determined that selling such devices is a breach of copyright law, but also that people streaming content from an illicit source are committing an offense. Although the case began in the Netherlands, its effects will now be felt right across Europe, and that is almost completely down to BREIN.

But despite the reach of the ruling, BREIN has already been making good use of the decision locally. Not only has the operator of the Filmspeler site settled with BREIN “for a substantial amount”, but more than 200 sellers of piracy-configured set-top boxes have ceased trading since the ECJ decision. Some of the providers are the subject of further legal action.

Finally, a notable mention must go to BREIN’s determination to have The Pirate Bay blocked in the Netherlands. The battle against ISPs Ziggo and XS4ALL has been ongoing for seven years and like the Filmspeler case, required the attention of the European Court of Justice. While it’s still not over yet, it seems likely that the Supreme Court will eventually rule in BREIN’s favor.

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