Tag Archives: film

UK ‘Pirate’ Kodi Box Seller Handed a Suspended Prison Sentence

Post Syndicated from Andy original https://torrentfreak.com/uk-pirate-kodi-box-seller-handed-a-suspended-prison-sentence-171021/

After being raided by police and Trading Standards in 2015, Middlesbrough-based shopkeeper Brian ‘Tomo’ Thompson found himself in the spotlight.

Accused of selling “fully-loaded” Kodi boxes (those with ‘pirate’ addons installed), Thompson continued to protest his innocence.

“All I want to know is whether I am doing anything illegal. I know it’s a gray area but I want it in black and white,” he said last September.

Unlike other cases, where copyright holders took direct action, Thompson was prosecuted by his local council. At the time, he seemed prepared to martyr himself to test the limits of the law.

“This may have to go to the crown court and then it may go all the way to the European court, but I want to make a point with this and I want to make it easier for people to know what is legal and what isn’t,” he said. “I expect it go against me but at least I will know where I stand.”

In an opinion piece not long after this statement, we agreed with Thompson’s sentiment, noting that barring a miracle, the Middlesbrough man would indeed lose his case, probably in short order. But Thompson’s case turned out to be less than straightforward.

Thompson wasn’t charged with straightforward “making available” under the Copyrights, Designs and Patents Acts. If he had, there would’ve been no question that he’d been breaking law. This is due to a European Court of Justice decision in the BREIN v Filmspeler case earlier this year which determined that selling fully loaded boxes in the EU is illegal.

Instead, for reasons best known to the prosecution, ‘Tomo’ stood accused of two offenses under section 296ZB of the Copyright, Designs and Patents Act, which deals with devices and services designed to “circumvent technological measures”. It’s a different aspect of copyright law previously applied to cases where encryption has been broken on official products.

“A person commits an offense if he — in the course of a business — sells or lets for hire, any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures,” the law reads.

‘Tomo’ in his store

In January this year, Thompson entered his official ‘not guilty’ plea, setting up a potentially fascinating full trial in which we would’ve heard how ‘circumvention of technological measures’ could possibly relate to streaming illicit content from entirely unprotected far-flung sources.

Last month, however, Thompson suddenly had a change of heart, entering guilty pleas against one count of selling and one count of advertising devices for the purpose of enabling or facilitating the circumvention of effective technological measures.

That plea stomped on what could’ve been a really interesting trial, particularly since the Federation Against Copyright Theft’s own lawyer predicted it could be difficult and complex.

As a result, Thompson appeared at Teeside Crown Court on Friday for sentencing. Prosecutor Cameron Crowe said Thompson advertised and sold the ‘pirate’ devices for commercial gain, fully aware that they would be used to access infringing content and premium subscription services.

Crowe said that Thompson made around £40,000 from the devices while potentially costing Sky around £200,000 in lost subscription fees. When Thompson was raided in June 2015, a diary revealed he’d sold 159 devices in the previous four months, sales which generated £17,000 in revenue.

After his arrest, Thompson changed premises and continued to offer the devices for sale on social media.

Passing sentence, Judge Peter Armstrong told the 55-year-old businessman that he’d receive an 18-month prison term, suspended for two years.

“If anyone was under any illusion as to whether such devices as these, fully loaded Kodi boxes, were illegal or not, they can no longer be in any such doubt,” Judge Armstrong told the court, as reported by Gazette Live.

“I’ve come to the conclusion that in all the circumstances an immediate custodial sentence is not called for. But as a warning to others in future, they may not be so lucky.”

Also sentenced Friday was another local seller, Julian Allen, who sold devices to Thompson, among others. He was arrested following raids on his Geeky Kit businesses in 2015 and pleaded guilty this July to using or acquiring criminal property.

But despite making more than £135,000 from selling ‘pirate’ boxes, he too avoided jail, receiving a 21-month prison sentence suspended for two years instead.

While Thompson’s and Allen’s sentences are likely to be portrayed by copyright holders as a landmark moment, the earlier ruling from the European Court of Justice means that selling these kinds of devices for infringing purposes has always been illegal.

Perhaps the big surprise, given the dramatic lead up to both cases, is the relative leniency of their sentences. All that being said, however, a line has been drawn in the sand and other sellers should be aware.

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

Google Asked to Delist Pirate Movie Sites, ISPs Asked to Block Them

Post Syndicated from Andy original https://torrentfreak.com/google-asked-to-delist-pirate-movie-sites-isps-asked-to-block-them-171018/

After seizing several servers operated by popular private music tracker What.cd, last November French police went after a much bigger target.

Boasting millions of regular visitors, Zone-Telechargement (Zone-Download) was ranked the 11th most-visited website in the whole of the country. The site offered direct downloads of a wide variety of pirated content, including films, series, games, and music. Until the French Gendarmerie shut it down, that is.

After being founded in 2011 and enjoying huge growth following the 2012 raids against Megaupload, the Zone-Telechargement ‘brand’ was still popular with French users, despite the closure of the platform. It, therefore, came as no surprise that the site was quickly cloned by an unknown party and relaunched as Zone-Telechargement.ws.

The site has been doing extremely well following its makeover. To the annoyance of copyright holders, SimilarWeb reports the platform as France’s 37th most popular site with around 58 million visitors per month. That’s a huge achievement in less than 12 months.

Now, however, the site is receiving more unwanted attention. PCInpact says it has received information that several movie-focused organizations including the French National Film Center are requesting tough action against the site.

The National Federation of Film Distributors, the Video Publishing Union, the Association of Independent Producers and the Producers Union are all demanding the blocking of Zone-Telechargement by several local ISPs, alongside its delisting from search results.

The publication mentions four Internet service providers – Free, Numericable, Bouygues Telecom, and Orange – plus Google on the search engine front. At this stage, other search companies, such as Microsoft’s Bing, are not reported as part of the action.

In addition to Zone-Telechargement, several other ‘pirate’ sites (Papystreaming.org, Sokrostream.cc and Zonetelechargement.su, another site playing on the popular brand) are included in the legal process. All are described as “structurally infringing” by the complaining movie outfits, PCInpact notes.

The legal proceedings against the sites are based in Article 336-2 of the Intellectual Property Code. It’s ground already trodden by movie companies who following a 2011 complaint, achieved victory in 2013 against several Allostreaming-linked sites.

In that case, the High Court of Paris ordered ISPs, several of which appear in the current action, to “implement all appropriate means including blocking” to prevent access to the infringing sites.

The Court also ordered Google, Microsoft, and Yahoo to “take all necessary measures to prevent the occurrence on their services of any results referring to any of the sites” on their platforms.

Also of interest is that the action targets a service called DL-Protecte.com, which according to local anti-piracy agency HADOPI, makes it difficult for rightsholders to locate infringing content while at the same time generates more revenue for pirate sites.

A judgment is expected in “several months.”

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

Hitman’s Bodyguard Pirates Get Automated $300 Fine

Post Syndicated from Ernesto original https://torrentfreak.com/hitmans-bodyguard-pirates-get-automated-300-fine-171007/

Late August a ‘piracy disaster‘ struck the makers of The Hitman’s Bodyguard, an action comedy movie featuring Hollywood stars Samuel L. Jackson and Ryan Reynolds.

The film was leading the box office charts when, eight days after its theatrical release, a high definition copy hit various pirate sites.

While it’s hard to predict whether the leak substantially impacted the movie’s revenue, the people behind the film are determined to claim damages. They hired the services of “Rights Enforcement,” an outfit which tracks down BitTorrent pirates.

Rights Enforcement sends automated ‘fines’ via DMCA notices, which is cheaper than expensive lawsuits. At the same time, this also makes the settlement process easier to scale, as they can send out tens of thousands of ‘fines’ at once with limited resources, without any oversight from a court.

TorrentFreak has seen several notices targeted at The Hitman’s Bodyguard pirates. While the notices themselves don’t list the settlement fee, recipients are referred to a page that does. Those who admit guilt are asked to pay a $300 settlement fee.

“We have evidence that someone using your Internet service has placed a media file that contains the protected content for our client’s motion picture in a shared folder location and is enabling others to download copies of this content,” the notices warn.

Part of the DMCA notice

The text, which is forwarded by several ISPs, is cleverly worded. The account holders in question are notified that if the issue isn’t resolved, they may face a lawsuit.

“You may consider this a notice of potential lawsuit, a demand for the infringing activity to terminate, and a demand for damages from the actual infringer. We invite your voluntary cooperation in assisting us with this matter, identifying the infringer, and ensuring that this activity stops. Should the infringing activity continue we may file a civil lawsuit seeking judicial relief.”

The email points users to the settlement portal where they can review the claim and a possible solution. In this case, “resolving” the matter will set account holders back a hefty $300.



People are free to ignore the claim, of course, but Rights Enforcement warns that if the infringements continue they might eventually be sued.

“If you do not settle the claim and you continue to infringe then odds are you will eventually be sued and face substantial civil liability. So first thing is to stop the activity and make sure you are not involved with infringing activity in the future.”

The notice also kindly mentions that the recipients can contact an attorney for legal advice. However, after an hour or two a legal bill will have exceeded the proposed settlement amount, so for many this isn’t really an option.

It’s quite a clever scheme. Although most people probably won’t be sued for ignoring a notice, there’s always the possibility that they will. Especially since Rights Enforcement is linked to some of the most prolific copyright trolls.

The company, which emerged earlier this year, is operated by lawyer Carl Crowell who is known for his work with movie studios such as Voltage Pictures. In the past, he filed lawsuits for several films such as Dallas Buyers Club and The Hurt Locker.

When faced with a threat of an expensive lawsuit, even innocent subscribers may be inclined to pay the settlement. They should be warned, however, once the first payment is made, many similar requests may follow.

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

Yarrrr! Dutch ISPs Block The Pirate Bay But It’s Bad Timing for Trolls

Post Syndicated from Andy original https://torrentfreak.com/yarrrr-dutch-isps-block-the-pirate-bay-but-its-bad-timing-for-trolls-171005/

While many EU countries have millions of Internet pirates, few have given citizens the freedom to plunder like the Netherlands. For many years, Dutch Internet users actually went about their illegal downloading with government blessing.

Just over three years ago, downloading and copying movies and music for personal use was not punishable by law. Instead, the Dutch compensated rightsholders through a “piracy levy” on writable media, hard drives and electronic devices with storage capacity, including smartphones.

Following a ruling from the European Court of Justice in 2014, however, all that came to an end. Along with uploading (think BitTorrent sharing), downloading was also outlawed.

Around the same time, The Court of The Hague handed down a 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, it was decided that the ISPs wouldn’t have to block The Pirate Bay after all. After a long and tortuous battle, however, the ISPs learned last month that they would have to block the site, pending a decision from the Supreme Court.

On September 22, both ISPs were given 10 business days to prevent subscriber access to the notorious torrent site, or face fines of 2,000 euros per day, up to a maximum of one million euros.

With that time nearly up, yesterday Ziggo broke cover to become the first of the pair to block the site. On a dedicated diversion page, somewhat humorously titled ziggo.nl/yarrr, the ISP explained the situation to now-blocked users.

“You are trying to visit a page of The Pirate Bay. On September 22, the Hague Court obliged us to block access to this site. The pirate flag is thus handled by us. The case is currently at the Supreme Court which judges the basic questions in this case,” the notice reads.

Ziggo Pirate Bay message (translated)

Customers of XS4ALL currently have no problem visiting The Pirate Bay but according to a statement handed to Tweakers by a spokesperson, the blockade will be implemented today.

In addition to the site’s main domains, the injunction will force the ISPs to block 155 URLs and IP addresses in total, a list that has been drawn up by BREIN to include various mirrors, proxies, and alternate access points. XS4All says it will publish a list of all the blocked items on its notification page.

While the re-introduction of a Pirate Bay blockade in the Netherlands is an achievement for BREIN, it’s potentially bad timing for the copyright trolls waiting in the wings to snare Dutch file-sharers.

As recently reported, movie outfit Dutch Filmworks (DFW) is preparing a wave of cash-settlement copyright-trolling letters to mimic those sent by companies elsewhere.

There’s little doubt that users of The Pirate Bay would’ve been DFW’s targets but it seems likely that given the introduction of blockades, many Dutch users will start to educate themselves on the use of VPNs to protect their privacy, or at least become more aware of the risks.

Of course, there will be no real shortage of people who’ll continue to download without protection, but DFW are getting into this game just as it’s likely to get more difficult for them. As more and more sites get blocked (and that is definitely BREIN’s overall plan) the low hanging fruit will sit higher and higher up the tree – and the cash with it.

Like all methods of censorship, site-blocking eventually drives communication underground. While anti-piracy outfits all say blocking is necessary, obfuscation and encryption isn’t welcomed by any of them.

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

MPAA Reports Pirate Sites, Hosts and Ad-Networks to US Government

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-reports-pirate-sites-hosts-and-ad-networks-to-us-government-171004/

Responding to a request from the Office of the US Trade Representative (USTR), the MPAA has submitted an updated list of “notorious markets” that it says promote the illegal distribution of movies and TV-shows.

These annual submissions help to guide the U.S. Government’s position towards foreign countries when it comes to copyright enforcement.

What stands out in the MPAA’s latest overview is that it no longer includes offline markets, only sites and services that are available on the Internet. This suggests that online copyright infringement is seen as a priority.

The MPAA’s report includes more than two dozen alleged pirate sites in various categories. While this is not an exhaustive list, the movie industry specifically highlights some of the worst offenders in various categories.

“Content thieves take advantage of a wide constellation of easy-to-use online technologies, such as direct download and streaming, to create infringing sites and applications, often with the look and feel of legitimate content distributors, luring unsuspecting consumers into piracy,” the MPAA writes.

According to the MPAA, torrent sites remain popular, serving millions of torrents to tens of millions of users at any given time.

The Pirate Bay has traditionally been one of the main targets. Based on data from Alexa and SimilarWeb, the MPAA says that TPB has about 62 million unique visitors per month. The other torrent sites mentioned are 1337x.to, Rarbg.to, Rutracker.org, and Torrentz2.eu.

MPAA calls out torrent sites

The second highlighted category covers various linking and streaming sites. This includes the likes of Fmovies.is, Gostream.is, Primewire.ag, Kinogo.club, MeWatchSeries.to, Movie4k.tv and Repelis.tv.

Direct download sites and video hosting services also get a mention. Nowvideo.sx, Openload.co, Rapidgator.net, Uploaded.net and the Russian social network VK.com. Many of these services refuse to properly process takedown notices, the MPAA claims.

The last category is new and centers around piracy apps. These sites offer mobile applications that allow users to stream pirated content, such as IpPlayBox.tv, MoreTV, 3DBoBoVR, TVBrowser, and KuaiKa, which are particularly popular in Asia.

Aside from listing specific sites, the MPAA also draws the US Government’s attention to the streaming box problem. The report specifically mentions that Kodi-powered boxes are regularly abused for infringing purposes.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA notes.

“The most popular software is an open source media player software, Kodi. Although Kodi is not itself unlawful, and does not host or link to unlicensed content, it can be easily configured to direct consumers toward unlicensed films and television shows.”

Pirate streaming boxes

There are more than 750 websites offering infringing devices, the Hollywood group notes, adding that the rapid growth of this problem is startling. Interestingly, the report mentions TVAddons.ag as a “piracy add-on repository,” noting that it’s currently offline. Whether the new TVAddons is also seen a problematic is unclear.

The MPAA also continues its trend of calling out third-party intermediaries, including hosting providers. These companies refuse to take pirate sites offline following complaints, even when the MPAA views them as blatantly violating the law.

“Hosting companies provide the essential infrastructure required to operate a website,” the MPAA writes. “Given the central role of hosting providers in the online ecosystem, it is very concerning that many refuse to take action upon being notified…”

The Hollywood group specifically mentions Private Layer and Netbrella as notorious markets. CDN provider CloudFlare is also named. As a US-based company, the latter can’t be included in the list. However, the MPAA explains that it is often used as an anonymization tool by sites and services that are mentioned in the report.

Another group of intermediaries that play a role in fueling piracy (mentioned for the first time) are advertising networks. The MPAA specifically calls out the Canadian company WWWPromoter, which works with sites such as Primewire.ag, Projectfreetv.at and 123movies.to

“The companies connecting advertisers to infringing websites and inadvertently contribute to the prevalence and prosperity of infringing sites by providing funding to the operators of these sites through advertising revenue,” the MPAA writes.

The MPAA’s full report is available here (pdf). The USTR will use this input above to make up its own list of notorious markets. This will help to identify current threats and call on foreign governments to take appropriate action.

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

Iran Arrests Six Movie Pirates After Rival ‘Licensed’ Pirates Complain

Post Syndicated from Andy original https://torrentfreak.com/iran-arrests-six-movie-pirates-after-rival-licensed-pirates-complain-171003/

Article 23 of Iran’s Copyright law is quite clear. Anyone who publishes, distributes or broadcasts another person’s work without permission “shall be condemned to corrective imprisonment for a period of time not less than six months and not more than three years.”

That being said, not all content receives protection. Since there are no copyright agreements between Iran and the United States, for example, US content is pirated almost at will in the country. Even the government itself has run ‘warez’ servers in the past.

That makes the arrest late last month of six men tied to movie piracy site TinyMoviez all the more unusual. At first view (translated image below), the site looks just like any other streaming portal offering Hollywood movies.

TinyMoviez

Indeed, much of the content comes from abroad, augmented with local Farsi-language subtitles or audio voiceovers.

However, according to a source cited by the Center for Human Rights in Iran (CHRI), the site was targeted because rival pirate sites (which had been licensed to ‘pirate’ by the Iranian government) complained about its unlicensed status.

“In July and August [2017], there was a meeting between a number of Iranian start-up companies and [current Telecommunications Minister Mohammad Javad Azari] Jahromi, who was asked by film and TV series distributors as well as video game developers to help shut down and monitor unlicensed rivals,” a film distributor in Tehran told CHRI.

“The start-ups made the request because they could not compete with a site like TinyMovies,” the source added. “After that meeting, Jahromi was nicknamed the ‘Start-Up Tsar’ because of his supportive comments. They were happy that he became the minister.”

That being said, the announcement from the authorities suggested broader issues, including that the site offered movies (none are singled out) that may be unacceptable by Iranian standards.

“Tehran’s prosecutor, after referral of the case to the Cyberspace corruption and prostitution department, said that the defendants in the case, of whom six were currently detained, produced vagabond and pornographic films and sold them in cyberspace,” Tehran Prosecutor Abbas Jafari Dowlatabadi said in an announcement.

“This gang illegally operated the largest source for downloading Hollywood movies and over the past three years, has distributed 18,000 foreign films and series after dubbing, many of which were indecent and immoral, and thus facilitated by illegitimate funds.”

While the authorities say that TinyMoviez has been taken down, various URLs (including Tinyz.us, ironically) now divert to a new domain, Timoviez2.net. However, at least for the moment, download links seem to be disabled.

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

‘New “DeUHD” Tool Can Rip UHD Blu-Ray Discs’

Post Syndicated from Ernesto original https://torrentfreak.com/new-deuhd-tool-can-rip-uhd-blu-ray-discs-171002/

While there is no shortage of pirated films on the Internet, Ultra-high-definition content is often hard to find.

Not only are the file sizes enormous, but the protection is better than that deployed to regular content. Protected with strong AACS 2 encryption, it has long been one of the last bastions movie pirates had yet to breach.

This year there have been some major developments on this front, as full copies of UHD Blu-Ray Discs began to leak online. While it remained unclear how these were ripped, it was a definite milestone.

Now, there’s another breakthrough to report on. Russian company Arusoft has released a new commercially available tool called DeUHD which claims the ability to rip UHD Blu-ray discs.

“It is a tool to decrypt the UHD disc, like remove the AACS 2.0 protections,” the company states.

“DeUHD works in the background to automatically enable read access of the contents of a 4K UHD movie as soon as it’s inserted into the drive. It is also able to rip the disc to your hard disk as a folder or an ISO file, and then you can play them on your UHD player.”

The software works on recent Windows operating systems and is compatible with a limited number of UHD drives, including the LG WH16NS60 and Buffalo BRUHD-PU3.

The list of supported UHD Blu-rays is not exhaustive but includes a few dozen popular movies such as Arrival, John Wick: Chapter 2, Passengers, and Terminator Genisys. New titles are added on a regular basis, the developers promise.

DeUHD in action

TorrentFreak reached out to a source who tested the software with the supported LG BE16NU50 drive and three of the listed movies, but this didn’t work. This could mean that there are still some issues that need to be ironed out.

The developers are adamant that their software works as advertised, and have published a detailed guide on their website.

It’s not clear whether AACS 2.0 has indeed been cracked. The DeUHD team informed MyCE, who first reported on the tool, that they see it as such. In any case, the tool promises to successfully decrypt UHD Blu-ray discs, which is quite an achievement by itself.

That said, the DeUHD software doesn’t come cheap. A lifetime license is currently selling for $199. Those who want to try it first to see if it works for them can download a free trial. This trial is limited to decrypting roughly 10 minutes of a single disc.

Interestingly, a handful of new UHD releases were published by the group HDRINVASION in recent days, all titles that are also supported by DeUHD. Whether there’s a connection between the two is unknown at this point.

DeUHD website

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

20th Century Fox is Looking for Anti-Piracy Interns

Post Syndicated from Ernesto original https://torrentfreak.com/20th-century-fox-is-looking-for-anti-piracy-interns-170930/

Piracy remains one of the key threats for most Hollywood movie studios.

Most companies have entire departments dedicated to spotting infringing content, understanding the changing landscape, and figuring out how to respond.

20th Century Fox, for example, has its own Content Protection group, headed by Ron Wheeler. The group keeps an eye on emerging piracy threats and is currently looking for fresh blood.

The company has listed two new internships. The first is for a Graduate JD Law Student, who will be tasked with analyzing fair use cases and finding new targets for lawsuits, among other things.

“Interns will participate in the monitoring of and enforcement against such piracy, including conducting detailed copyright infringement and fair use analyses; identifying and researching litigation targets, and searching the internet for infringing copies of Fox content.”

Fox notes that basic knowledge of the principles of Copyright Law is a plus, but apparently not required. Students who take this internship will learn how film and television piracy affects the media industry and consumers, preparing them for future work in this field.

“This is a great opportunity for students interested in pursuing practice in the fields of Intellectual Property, Entertainment, or Media Law,” the job application explains.

A second anti-piracy internship that was posted recently is a search and analytics position. This includes organizing online copyright infringement intelligence and compiling this in analytical piracy reports for Fox executives.

Undergraduate – Research & Analytics

The research job posting shows that Fox keeps an eye on a wide range of piracy avenues including search engines, forums, eBay and pirate sites.

“Anti-Piracy Internet Investigations and Analysis including, but not limited to, internet research, forum site investigation, eBay searches, video forensics analysis review, database entry, general internet searches for Fox video content, review and summarize pirate websites, piracy trend analysis, and more.”

Those who complete the internship will have a thorough understanding of how widespread piracy issues are. It will provide insight into how this affects the movie industry and consumers alike, Fox explains.

While the average torrenter and streaming pirate might not be very eager to work for ‘the other side,’ these internships are ideal positions for students who have aspirations of working in the anti-piracy field. If any TorrentFreak readers plan to apply and get the job, we’ll be eager to hear what you’ve learned in a few months.

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

US Court Orders Dozens of “Pirate” Site Domain Seizures

Post Syndicated from Ernesto original https://torrentfreak.com/us-court-orders-dozens-of-pirate-site-domain-seizures-170927/

ABS-CBN, the largest media and entertainment company in the Philippines, has delivered another strike to pirate sites in the United States.

Last week a federal court in Florida signed a default judgment against 43 websites that offered copyright-infringing streams of ABS-CBN owned movies, including Star Cinema titles.

The order was signed exactly one day after the complaint was filed, in what appears to be a streamlined process.

The media company accused the websites of trademark and copyright infringement by making free streams of its content available without permission. It then asked the court for assistance to shut these sites down as soon as possible.

“Defendants’ websites operating under the Subject Domain Names are classic examples of pirate operations, having no regard whatsoever for the rights of ABS-CBN and willfully infringing ABS-CBN’s intellectual property.

“As a result, ABS-CBN requires this Court’s intervention if any meaningful stop is to be put to Defendants’ piracy,” ABS-CBN wrote.

Instead of a lengthy legal process that can take years to complete, ABS-CBN went for an “ex-parte” request for domain seizures, which means that the websites in question are not notified or involved in the process before the order is issued.

After reviewing the proposed injunction, US District Judge Beth Bloom signed off on it. This means that all the associated registrars must hand over the domain names in question.

“The domain name registrars for the Subject Domain Names shall immediately assist in changing the registrar of record for the Subject Domain Names, to a holding account with a registrar of Plaintiffs’ choosing..,” the order (pdf) reads.

In the days that followed, several streaming-site domains were indeed taken over. Movieonline.io, 1movies.tv, 123movieshd.us, 4k-movie.us, icefilms.ws and others are now linking to a notice page with information about the lawsuit instead.

The notice

Gomovies.es, which is also included, has not been transferred yet, but the operator appears to be aware of the lawsuit as the site now redirects to Gomovies.vg. Other domains, such as Onlinefullmovie.me, Putlockerm.live and Newasiantv.io remain online as well.

While the targeted sites together are good for thousands of daily visitors, they’re certainly not the biggest fish.

That said, the most significant thing about the case is not that these domain names have been taken offline. What stands out is the ability of an ex-parte request from a copyright holder to easily take out dozens of sites in one swoop.

Given ABS-CBN’s legal track record, this is likely not the last effort of this kind. The question now is if others will follow suit.

The full list of targeted domain is as follows.

1 movieonline.io
2 1movies.tv
3 gomovies.es
4 123movieshd.us
5 4k-movie.us
6 desitvflix.net
7 globalpinoymovies.com
8 icefilms.ws
9 jhonagemini.com
10 lambinganph.info
11 mrkdrama.com
12 newasiantv.me
13 onlinefullmovie.me
14 pariwiki.net
15 pinoychannel.live
16 pinoychannel.mobi
17 pinoyfullmovies.net
18 pinoyhdtorrent.com
19 pinoylibangandito.pw
20 pinoymoviepedia.ch
21 pinoysharetv.com
22 pinoytambayanhd.com
23 pinoyteleseryerewind.info
24 philnewsnetwork.com
25 pinoytvrewind.info
26 pinoytzater.com
27 subenglike.com
28 tambayantv.org
29 teleseryi.com
30 thepinoy1tv.com
31 thepinoychannel.com
32 tvbwiki.com
33 tvnaa.com
34 urpinoytv.com
35 vikiteleserye.com
36 viralsocialnetwork.com
37 watchpinoymoviesonline.com
38 pinoysteleserye.xyz
39 pinoytambayan.world
40 lambingan.lol
41 123movies.film
42 putlockerm.live
43 yonip.zone
43 yonipzone.rocks

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

EU Piracy Report Suppression Raises Questions Over Transparency

Post Syndicated from Andy original https://torrentfreak.com/eu-piracy-report-suppression-raises-questions-transparency-170922/

Over the years, copyright holders have made hundreds of statements against piracy, mainly that it risks bringing industries to their knees through widespread and uncontrolled downloading from the Internet.

But while TV shows like Game of Thrones have been downloaded millions of times, the big question (one could argue the only really important question) is whether this activity actually affects sales. After all, if piracy has a massive negative effect on industry, something needs to be done. If it does not, why all the panic?

Quite clearly, the EU Commission wanted to find out the answer to this potential multi-billion dollar question when it made the decision to invest a staggering 360,000 euros in a dedicated study back in January 2014.

With a final title of ‘Estimating displacement rates of copyrighted content in the EU’, the completed study is an intimidating 307 pages deep. Shockingly, until this week, few people even knew it existed because, for reasons unknown, the EU Commission decided not to release it.

However, thanks to the sheer persistence of Member of the European Parliament Julia Reda, the public now has a copy and it contains quite a few interesting conclusions. But first, some background.

The study uses data from 2014 and covers four broad types of content: music,
audio-visual material, books and videogames. Unlike other reports, the study also considered live attendances of music and cinema visits in the key regions of Germany, UK, Spain, France, Poland and Sweden.

On average, 51% of adults and 72% of minors in the EU were found to have illegally downloaded or streamed any form of creative content, with Poland and Spain coming out as the worst offenders. However, here’s the kicker.

“In general, the results do not show robust statistical evidence of displacement of sales by online copyright infringements,” the study notes.

“That does not necessarily mean that piracy has no effect but only that the statistical analysis does not prove with sufficient reliability that there is an effect.”

For a study commissioned by the EU with huge sums of public money, this is a potentially damaging conclusion, not least for the countless industry bodies that lobby day in, day out, for tougher copyright law based on the “fact” that piracy is damaging to sales.

That being said, the study did find that certain sectors can be affected by piracy, notably recent top movies.

“The results show a displacement rate of 40 per cent which means that for every ten recent top films watched illegally, four fewer films are consumed legally,” the study notes.

“People do not watch many recent top films a second time but if it happens, displacement is lower: two legal consumptions are displaced by every ten illegal second views. This suggests that the displacement rate for older films is lower than the 40 per cent for recent top films. All in all, the estimated loss for recent top films is 5 per cent of current sales volumes.”

But while there is some negative effect on the movie industry, others can benefit. The study found that piracy had a slightly positive effect on the videogames industry, suggesting that those who play pirate games eventually become buyers of official content.

On top of displacement rates, the study also looked at the public’s willingness to pay for content, to assess whether price influences pirate consumption. Interestingly, the industry that had the most displaced sales – the movie industry – had the greatest number of people unhappy with its pricing model.

“Overall, the analysis indicates that for films and TV-series current prices are higher than 80 per cent of the illegal downloaders and streamers are willing to pay,” the study notes.

For other industries, where sales were not found to have been displaced or were positively affected by piracy, consumer satisfaction with pricing was greatest.

“For books, music and games, prices are at a level broadly corresponding to the
willingness to pay of illegal downloaders and streamers. This suggests that a
decrease in the price level would not change piracy rates for books, music and
games but that prices can have an effect on displacement rates for films and
TV-series,” the study concludes.

So, it appears that products that are priced fairly do not suffer significant displacement from piracy. Those that are priced too high, on the other hand, can expect to lose some sales.

Now that it’s been released, the findings of the study should help to paint a more comprehensive picture of the infringement climate in the EU, while laying to rest some of the wild claims of the copyright lobby. That being said, it shouldn’t have taken the toils of Julia Reda to bring them to light.

“This study may have remained buried in a drawer for several more years to come if it weren’t for an access to documents request I filed under the European Union’s Freedom of Information law on July 27, 2017, after having become aware of the public tender for this study dating back to 2013,” Reda explains.

“I would like to invite the Commission to become a provider of more solid and timely evidence to the copyright debate. Such data that is valuable both financially and in terms of its applicability should be available to everyone when it is financed by the European Union – it should not be gathering dust on a shelf until someone actively requests it.”

The full study can be downloaded here (pdf)

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

Astro Pi upgrades on the International Space Station

Post Syndicated from David Honess original https://www.raspberrypi.org/blog/astro-pi-upgrades/

In 2015, The Raspberry Pi Foundation built two space-hardened Raspberry Pi units, or Astro Pis, to run student code on board the International Space Station (ISS).

Astro Pi

A space-hardened Raspberry Pi

Astro Pi upgrades

Each school year we run an Astro Pi challenge to find the next generation of space scientists to program them. After the students have their code run in space, any output files are downloaded to ground and returned to them for analysis.

That download process was originally accomplished by an astronaut shutting down the Astro Pi, moving its micro SD card to a crew laptop and copying over the files manually. This used about 20 minutes of precious crew time.

space pi – Create, Discover and Share Awesome GIFs on Gfycat

Watch space pi GIF by sooperdave on Gfycat. Discover more GIFS online on Gfycat

Last year, we passed the qualification to allow the Astro Pi computers to be connected to the Local Area Network (LAN) on board the ISS. This allows us to remotely access them from the ground, upload student code and download the results without having to involve the crew.

This year, we have been preparing a new payload to upgrade the operational capabilities of the Astro Pi units.

The payload consists of the following items:

  • 2 × USB WiFi dongles
  • 5 × optical filters
  • 4 × 32GB micro SD cards

Before anyone asks – no, we’re not going outside into the vacuum of space!

USB WiFi dongle

Currently both Astro Pi units are located in the European Columbus module. They’re even visible on Google Street View (pan down and right)! You can see that we’ve created a bit of a bird’s nest of wires behind them.

Astro Pi

The D-Link DWA-171

The decision to add WiFi capability is partly to clean up the cabling situation, but mainly so that the Astro Pi units can be deployed in ISS locations other than the Columbus module, where we won’t have access to an Ethernet switch.

The Raspberry Pi used in the Astro Pi flight units is the B+ (released in 2014), which does not have any built in wireless connectivity, so we need to use a USB dongle. This particular D-Link dongle was recommended by the European Space Agency (ESA) because a number of other payloads are already using it.

Astro Pi

An Astro Pi unit with WiFi dongle installed

Plans have been made for one of the Astro Pi units to be deployed on an Earth-facing window, to allow Earth-observation student experiments. This is where WiFi connectivity will be required to maintain LAN access for ground control.

Optical filters

With Earth-observation experiments in mind, we are also sending some flexible film optical filters. These are made from the same material as the blue square which is shipped with the Pi NoIR camera module, as noted in this post from when the product was launched. You can find the data sheet here.

Astro Pi

Rosco Roscalux #2007 Storaro Blue

To permit the filter to be easily attached to the Astro Pi unit, the film is laser-cut to friction-fit onto the 12 inner heatsink pins on the base, so that the camera aperture is covered.

Astro Pi

Laser cutting at Makespace

The laser-cutting work was done right here in Cambridge at Makespace by our own Alex Bate, and local artist Diana Probst.

Astro Pi

An Astro Pi with the optical filter installed

32GB micro SD cards

A consequence of running Earth observation experiments is a dramatic increase in the amount of disk space needed. To avoid a high frequency of commanding windows to download imagery to ground, we’re also flying some larger 32GB micro SD cards to replace the current 8GB cards.

Astro Pi

The Samsung Evo MB-MP32DA/EU

This particular type of micro SD card is X-ray proof, waterproof, and resistant to magnetism and heat. Operationally speaking there is no difference, other than the additional available disk space.

Astro Pi

An Astro Pi unit with the new micro SD card installed

The micro SD cards will be flown with a security-hardened version of Raspbian pre-installed.

Crew activities

We have several crew activities planned for when this payload arrives on the ISS. These include the installation of the upgrade items on both Astro Pi units; moving one of the units from Columbus to an earth-facing window (possibly in Node 2); and then moving it back a few weeks later.

Currently it is expected that these activities will be carried out by German ESA astronaut Alexander Gerst who launches to the ISS in November (and will also be the ISS commander for Expedition 57).

Payload launch

We are targeting a January 2018 launch date for the payload. The exact launch vehicle is yet to be determined, but it could be SpaceX CRS 14. We will update you closer to the time.

Questions?

If you have any questions about this payload, how an item works, or why that specific model was chosen, please post them in the comments below, and we’ll try to answer them.

The post Astro Pi upgrades on the International Space Station appeared first on Raspberry Pi.

Inside the MPAA, Netflix & Amazon Global Anti-Piracy Alliance

Post Syndicated from Andy original https://torrentfreak.com/inside-the-mpaa-netflix-amazon-global-anti-piracy-alliance-170918/

The idea of collaboration in the anti-piracy arena isn’t new but an announcement this summer heralded what is destined to become the largest project the entertainment industry has ever seen.

The Alliance for Creativity and Entertainment (ACE) is a coalition of 30 companies that reads like a who’s who of the global entertainment market. In alphabetical order its members are:

Amazon, AMC Networks, BBC Worldwide, Bell Canada and Bell Media, Canal+ Group, CBS Corporation, Constantin Film, Foxtel, Grupo Globo, HBO, Hulu, Lionsgate, Metro-Goldwyn-Mayer (MGM), Millennium Media, NBCUniversal, Netflix, Paramount Pictures, SF Studios, Sky, Sony Pictures Entertainment, Star India, Studio Babelsberg, STX Entertainment, Telemundo, Televisa, Twentieth Century Fox, Univision Communications Inc., Village Roadshow, The Walt Disney Company, and Warner Bros. Entertainment Inc.

The aim of the project is clear. Instead of each company considering its anti-piracy operations as a distinct island, ACE will bring them all together while presenting a united front to decision and lawmakers. At the core of the Alliance will be the MPAA.

“ACE, with its broad coalition of creators from around the world, is designed, specifically, to leverage the best possible resources to reduce piracy,”
outgoing MPAA chief Chris Dodd said in June.

“For decades, the MPAA has been the gold standard for antipiracy enforcement. We are proud to provide the MPAA’s worldwide antipiracy resources and the deep expertise of our antipiracy unit to support ACE and all its initiatives.”

Since then, ACE and its members have been silent on the project. Today, however, TorrentFreak can pull back the curtain, revealing how the agreement between the companies will play out, who will be in control, and how much the scheme will cost.

Power structure: Founding Members & Executive Committee Members

Netflix, Inc., Amazon Studios LLC, Paramount Pictures Corporation, Sony Pictures Entertainment, Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC, Warner Bros. Entertainment Inc., and Walt Disney Studios Motion Pictures, are the ‘Founding Members’ (Governing Board) of ACE.

These companies are granted full voting rights on ACE business, including the approval of initiatives and public policy, anti-piracy strategy, budget-related matters, plus approval of legal action. Not least, they’ll have the power to admit or expel ACE members.

All actions taken by the Governing Board (never to exceed nine members) need to be approved by consensus, with each Founding Member able to vote for or against decisions. Members are also allowed to abstain but one persistent objection will be enough to stop any matter being approved.

The second tier – ‘Executive Committee Members’ – is comprised of all the other companies in the ACE project (as listed above, minus the Governing Board). These companies will not be allowed to vote on ACE initiatives but can present ideas and strategies. They’ll also be allowed to suggest targets for law enforcement action while utilizing the MPAA’s anti-piracy resources.

Rights of all members

While all members of ACE can utilize the alliance’s resources, none are barred from simultaneously ‘going it alone’ on separate anti-piracy initiatives. None of these strategies and actions need approval from the Founding Members, provided they’re carried out in a company’s own name and at its own expense.

Information obtained by TorrentFreak indicates that the MPAA also reserves the right to carry out anti-piracy actions in its own name or on behalf of its member studios. The pattern here is different, since the MPAA’s global anti-piracy resources are the same resources being made available to the ACE alliance and for which members have paid to share.

Expansion of ACE

While ACE membership is already broad, the alliance is prepared to take on additional members, providing certain criteria are met. Crucially, any prospective additions must be owners or producers of movies and/or TV shows. The Governing Board will then vet applicants to ensure that they meet the criteria for acceptance as a new Executive Committee Members.

ACE Operations

The nine Governing Board members will meet at least four times a year, with each nominating a senior executive to serve as its representative. The MPAA’s General Counsel will take up the position of non-voting member of the Governing Board and will chair its meetings.

Matters to be discussed include formulating and developing the alliance’s ‘Global Anti-Piracy Action Plan’ and approving and developing the budget. ACE will also form an Anti-Piracy Working Group, which is scheduled to meet at least once a month.

On a daily basis, the MPAA and its staff will attend to the business of the ACE alliance. The MPAA will carry out its own work too but when presenting to outside third parties, it will clearly state which “hat” it is currently wearing.

Much deliberation has taken place over who should be the official spokesperson for ACE. Documents obtained by TF suggest that the MPAA planned to hire a consulting firm to find a person for the role, seeking a professional with international experience who had never been previously been connected with the MPAA.

They appear to have settled on Zoe Thorogood, who previously worked for British Prime Minister David Cameron.

Money, money, money

Of course, the ACE program isn’t going to fund itself, so all members are required to contribute to the operation. The MPAA has opened a dedicated bank account under its control specifically for the purpose, with members contributing depending on status.

Founding/Governing Board Members will be required to commit $5m each annually. However, none of the studios that are MPAA members will have to hand over any cash, since they already fund the MPAA, whose anti-piracy resources ACE is built.

“Each Governing Board Member will contribute annual dues in an amount equal to $5 million USD. Payment of dues shall be made bi-annually in equal shares, payable at
the beginning of each six (6) month period,” the ACE agreement reads.

“The contribution of MPAA personnel, assets and resources…will constitute and be considered as full payment of each MPAA Member Studio’s Governing Board dues.”

That leaves just Netflix and Amazon paying the full amount of $5m in cash each.

From each company’s contribution, $1m will be paid into legal trust accounts allocated to each Governing Board member. If ACE-agreed litigation and legal expenses exceed that amount for the year, members will be required to top up their accounts to cover their share of the costs.

For the remaining 21 companies on the Executive Committee, annual dues are $200,000 each, to be paid in one installment at the start of the financial year – $4.2m all in. Of all dues paid by all members from both tiers, half will be used to boost anti-piracy resources, over and above what the MPAA will spend on the same during 2017.

“Fifty percent (50%) of all dues received from Global Alliance Members other than
the MPAA Member Studios…shall, as agreed by the Governing Board, be used (a) to increase the resources spent on online antipiracy over and above….the amount of MPAA’s 2017 Content Protection Department budget for online antipiracy initiatives/operations,” an internal ACE document reads.

Intellectual property

As the project moves forward, the Alliance expects to gain certain knowledge and experience. On the back of that, the MPAA hopes to grow its intellectual property portfolio.

“Absent written agreement providing otherwise, any and all data, intellectual property, copyrights, trademarks, or know-how owned and/or contributed to the Global Alliance by MPAA, or developed or created by the MPAA or the Global Alliance during the Term of this Charter, shall remain and/or become the exclusive property of the MPAA,” the ACE agreement reads.

That being said, all Governing Board Members will also be granted “perpetual, irrevocable, non-exclusive licenses” to use the same under certain rules, even in the event they leave the ACE initiative.

Terms and extensions

Any member may withdraw from the Alliance at any point, but there will be no refunds. Additionally, any financial commitment previously made to litigation will have to be honored by the member.

The ACE agreement has an initial term of two years but Governing Board Members will meet not less than three months before it is due to expire to vote on any extension.

To be continued……

With the internal structure of ACE now revealed, all that remains is to discover the contents of the initiative’s ‘Global Anti-Piracy Action Plan’. To date, that document has proven elusive but with an operation of such magnitude, future leaks are a distinct possibility.

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

Kodi ‘Trademark Troll’ Has Interesting Views on Co-Opting Other People’s Work

Post Syndicated from Andy original https://torrentfreak.com/kodi-trademark-troll-has-interesting-views-on-co-opting-other-peoples-work-170917/

The Kodi team, operating under the XBMC Foundation, announced last week that a third-party had registered the Kodi trademark in Canada and was using it for their own purposes.

That person was Geoff Gavora, who had previously been in communication with the Kodi team, expressing how important the software was to his sales.

“We had hoped, given the positive nature of his past emails, that perhaps he was doing this for the benefit of the Foundation. We learned, unfortunately, that this was not the case,” XBMC Foundation President Nathan Betzen said.

According to the Kodi team, Gavora began delisting Amazon ads placed by companies selling Kodi-enabled products, based on infringement of Gavora’s trademark rights.

“[O]nly Gavora’s hardware can be sold, unless those companies pay him a fee to stay on the store,” Betzen explained.

Predictably, Gavora’s move is being viewed as highly controversial, not least since he’s effectively claiming licensing rights in Canada over what should be a free and open source piece of software. TF obtained one of the notices Amazon sent to a seller of a Kodi-enabled device in Canada, following a complaint from Gavora.

Take down Kodi from Amazon, or pay Gavora

So who is Geoff Gavora and what makes him tick? Thanks to a 2016 interview with Ali Salman of the Rapid Growth Podcast, we have a lot of information from the horse’s mouth.

It all began in 2011, when Gavora began jailbreaking Apple TVs, loading them with XBMC, and selling them to friends.

“I did it as a joke, for beer money from my friends,” Gavora told Salman.

“I’d do it for $25 to $50 and word of mouth spread that I was doing this so we could load on this media center to watch content and online streams from it.”

Intro to the interview with Ali Salman

Soon, however, word of mouth caused the business to grow wings, Gavora claims.

“So they started telling people and I start telling people it’s $50, and then I got so busy so I start telling people it’s $75. I’m getting too busy with my work and with this. And it got to the point where I was making more jailbreaking these Apple TVs than I was at my career, and I wasn’t very happy at my career at that time.”

Jailbreaking was supposed to be a side thing to tide Gavora over until another job came along, but he had a problem – he didn’t come from a technical background. Nevertheless, what Gavora did have was a background in marketing and with a decent knowledge of how to succeed in customer service, he majored on that front.

Gavora had come to learn that while people wanted his devices, they weren’t very good at operating XBMC (Kodi’s former name) which he’d loaded onto them. With this in mind, he began offering web support and phone support via a toll-free line.

“I started receiving calls from New York, Dallas, and then Australia, Hong Kong. Everyone around the world was calling me and saying ‘we hear there’s some kid in Calgary, some young child, who’s offering tech support for the Apple TV’,” Gavora said.

But with things apparently going well, a wrench was soon thrown into the works when Apple released the third variant of its Apple TV and Gavorra was unable to jailbreak it. This prompted him to market his own Linux-based set-top device and his business, Raw-Media, grew from there.

While it seems likely that so-called ‘Raw Boxes’ were doing reasonably well with consumers, what was the secret of their success? Podcast host Salman asked Gavora for his ‘networking party 10-second pitch’, and the Canadian was happy to oblige.

“I get this all the time actually. I basically tell people that I sell a box that gives them free TV and movies,” he said.

This was met with laughter from the host, to which Gavora added, “That’s sort of the three-second pitch and everyone’s like ‘Oh, tell me more’.”

“Who doesn’t like free TV, come on?” Salman responded. “Yeah exactly,” Gavora said.

The image below, taken from a January 2016 YouTube unboxing video, shows one of the products sold by Gavora’s company.

Raw-Media Kodi Box packaging (note Kodi logo)

Bearing in mind the offer of free movies and TV, the tagline on the box, “Stop paying for things you don’t want to watch, watch more free tv!” initially looks quite provocative. That being said, both the device and Kodi are perfectly capable of playing plenty of legal content from free sources, so there’s no problem there.

What is surprising, however, is that the unboxing video shows the device being booted up, apparently already loaded with infamous third-party Kodi addons including PrimeWire, Genesis, Icefilms, and Navi-X.

The unboxing video showing the Kodi setup

Given that Gavora has registered the Kodi trademark in Canada and prints the official logo on his packaging, this runs counter to the official Kodi team’s aggressive stance towards boxes ready-configured with what they categorize as banned addons. Matters are compounded when one visits the product support site.

As seen in the image below, Raw-Media devices are delivered with a printed card in the packaging informing people where to get the after-sales services Gavora says he built his business upon. The cards advise people to visit No-Issue.ca, a site setup to offer text and video-based support to set-top box buyers.

No-Issue.ca (which is hosted on the same server as raw-media.ca and claimed officially as a sister site here) now redirects to No-Issue.is, as per a 2016 announcement. It has a fairly bland forum but the connected tutorial videos, found on No Issue’s YouTube channel, offer a lot more spice.

Registered under Gavora’s online nickname Gombeek (which is also used on the official Kodi forums), the channel is full of videos detailing how to install and use a wide range of addons.

The No-issue YouTube Channel tutorials

But while supplying tutorial videos is one thing, providing the actual software addons is another. Surprisingly, No-Issue does that too. Filed away under the URL http://solved.no-issue.is/ is a Kodi repository which distributes a wide range of addons, including many that specialize in infringing content, according to the Kodi team.

The No-Issue repository

A source familiar with Raw-Media’s devices informs TF that they’re no longer delivered with addons installed. However, tools hosted on No-Issue.is automate the installation process for the customer, with unlisted YouTube Videos (1,2) providing the instructions.

XBMC Foundation President Nathan Betzen says that situation isn’t ideal.

“If that really is his repo it is disappointing to see that Gavora is charging a fee or outright preventing the sale of boxes with Kodi installed that do not include infringing add-ons, while at the same time he is distributing boxes himself that do include the infringing add-ons like this,” Betzen told TF.

While the legality of this type of service is yet to be properly tested in Canada and may yet emerge as entirely permissible under local law, Gavora himself previously described his business as operating in a gray area.

“If I could go back in time four years, I would’ve been more aggressive in the beginning because there was a lot of uncertainty being in a gray market business about how far I could push it,” he said.

“I really shouldn’t say it’s a gray market because everything I do is completely above board, I just felt it was more gray market so I was a bit scared,” he added.

But, legality aside (which will be determined in due course through various cases 1,2), the situation is still problematic when it comes to the Kodi trademark.

The official Kodi team indicate they don’t want to be associated with any kind of questionable addon or even tutorials for the same. Nevertheless, several of the addons installed by No-Issue (including PrimeWire, cCloud TV, Genesis, Icefilms, MoviesHD, MuchMovies and Navi-X, to name a few), are present on the Kodi team’s official ban list.

The fact remains, however, that Gavora successfully registered the trademark in Canada (one month later it was transferred to a brand new company at the same address), and Kodi now have no control over the situation in the country, short of a settlement or some kind of legal action.

Kodi matters aside, though, we get more insight into Gavora’s attitudes towards intellectual property after learning that he studied gemology and jewelry at school. He’s a long-standing member of jewelry discussion forum Ganoskin.com (his profile links to Gavora.com, a domain Gavora owns, as per information supplied by Amazon).

Things get particularly topical in a 2006 thread titled “When your work gets ripped“. The original poster asked how people feel when their jewelry work gets copied and Gavora made his opinions known.

“I think that what most people forget to remember is that when a piece from Tiffany’s or Cartier is ripped off or copied they don’t usually just copy the work, they will stamp it with their name as well,” Gavora said.

“This is, in fact, fraud and they are deceiving clients into believing they are purchasing genuine Tiffany’s or Cartier pieces. The client is in fact more interested in purchasing from an artist than they are the piece. Laying claim to designs (unless a symbol or name is involved) is outrageous.”

Unless that ‘design’ is called Kodi, of course, then it’s possible to claim it as your own through an administrative process and begin demanding licensing fees from the public. That being said, Gavora does seem to flip back and forth a little, later suggesting that being copied is sometimes ok.

“If someone copies your design and produces it under their own name, I think one should be honored and revel in the fact that your design is successful and has caused others to imitate it and grow from it,” he wrote.

“I look forward to the day I see one of my original designs copied, that is the day I will know my design is a success.”

From their public statements, this opinion isn’t shared by the Kodi team in respect of their product. Despite the Kodi name, software and logo being all their own work, they now find themselves having to claw back rights in Canada, in order to keep the product free in the region. For now, however, that seems like a difficult task.

TorrentFreak wrote to Gavora and asked him why he felt the need to register the Kodi trademark, but we received no response. That means we didn’t get the chance to ask him why he’s taking down Amazon listings for other people’s devices, or about something else that came up in the podcast.

“My biggest weakness, I guess, is that I’m too ethical about how I do my business,” he said, referring to how he deals with customers.

Only time will tell how that philosophy will affect Gavora’s attitudes to trademarks and people’s desire not to be charged for using free, open source software.

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

UK Copyright Trolls Cite Hopeless Case to Make People Pay Up

Post Syndicated from Andy original https://torrentfreak.com/uk-copyright-trolls-cite-hopeless-case-to-make-people-pay-up-170916/

Our coverage of Golden Eye International dates back more than five years. Much like similar companies in the copyright troll niche, the outfit monitors BitTorrent swarms, collects IP addresses, and then heads off to court to obtain alleged pirates’ identities.

From there it sends letters threatening legal action, unless recipients pay a ‘fine’ of hundreds of pounds to settle an alleged porn piracy case. While some people pay up, others refuse to do so on the basis they are innocent, the ISP bill payer, or simply to have their day in court. Needless to say, a full-on court battle on the merits is never on the agenda.

Having gone quiet for an extended period of time, it was assumed that Golden Eye had outrun its usefulness as a ‘fine’ collection outfit. Just lately, however, there are signs that the company is having another go at reviving old cases against people who previously refused to pay.

A post on Slyck forums, which runs a support thread for people targeted by trolls, reveals the strategy.

“I dealt with these Monkeys last year. I spent 5 weeks practically arguing with them. They claim they have to prove it based on the balance of probability’s [sic]. I argue that they actually have to prove it was me,” ‘Matt’ wrote in August.

“It wasn’t me, and despite giving them reasonable doubt it wasn’t me. (I’m Gay… why would I be downloading straight porn?) They still persuaded it, trying to dismiss anything that cast any doubt on their claim. The emails finished how I figured they would…. They were going to send court documentation. It never arrived.”

After months of silence, at the end of August this year ‘Matt’ says GoldenEye got in touch again, suggesting that a conclusion to another copyright case might encourage him to cough up. He says that Golden Eye contacted him saying that someone settled out of court with TCYK, another copyright troll, for £1,000.

“My thoughts…Idiots and doubt it,” ‘Matt’ said. “Honestly, I almost cried I thought I had got rid of these trolls and they are back for round two.”

This wasn’t an isolated case. Another recipient of a Golden Eye threat also revealed getting contacted by the company, also with fresh pressure to pay.

“You may be interested to know that a solicitor, acting on behalf of Robert Kemble in a claim similar to ours but brought by TCYK LLC, entered into an agreement to settle the court case by paying £1,000,” Golden Eye told the individual.

“In view of the agreement reached in the Kemble case, we would invite you to reconsider your position as to whether you would like to reach settlement with us. We would point out, that, despite the terms of settlement in the Kemble case, we remain prepared to stand by our original offer of settlement with you, that is payment of £500.00.”

After last corresponding with the Golden Eye in January after repeated denials, new contact from the company would be worrying for anyone. It certainly affected this person negatively.

“I am now at a loss and don’t know what more I can do. I do not want to settle this, but also I cannot afford a solicitor. Any further advice would be gratefully appreciated as [i’m] now having panic attacks,” the person wrote.

After citing the Robert Kemble case, one might think that Golden Eye would be good enough to explain the full situation. They didn’t – so let’s help them a little bit in that respect, to help their targets make an informed decision.

Robert Kemble was a customer of Sky Broadband. TCYK, in conjunction with UK-based Hatton and Berkeley, sent a letter to Kemble in July 2015 asking him to pay a ‘fine’ for alleged Internet piracy of the Robert Redford movie The Company You Keep, way back in April 2013.

So far, so ordinary – but here’s the big deal.

Unlike the people being re-targeted by Golden Eye this time around, Kemble admitted in writing that infringement had been going on via his account.

In a response, Kemble told TCYK that he was shocked to receive their letter but after speaking to people in his household, had discovered that a child had been downloading films. He didn’t say that the Redford film was among them but he apologized to the companies all the same. Clearly, that wasn’t going to be enough.

In August 2015, TCYK wrote back to Kemble, effectively holding him responsible for other people’s actions while demanding a settlement of £600 to be paid to third-party company, Ranger Bay Limited.

“The child who is responsible for the infringement should sign the undertakings in our letter to you. Please when replying specify clearly on the undertakings the child’s full name and age,” the company later wrote. Nice.

What took place next was a round of letter tennis between Kemble’s solicitor and those acting for TCYK, with the latter insisting that Kemble had already admitted infringement (or authorizing the same) and demanding around £2000 to settle the case at this later stage.

With no settlement forthcoming, TCYK demanded £5,000 in the small claims court.

“The Defendant has admitted that his internet address has been used to infringe the Claimant’s copyright whereby, through the Defendant’s licencees’ use of the Defendant’s internet address, he acquired the Work and then communicated the Work in a digital form via the internet to the public without the license or consent of the Claimant,” the TCYK claim form reads.

TorrentFreak understands that the court process that followed didn’t center on the merits of the infringement case, but procedural matters over how the case was handled. On this front, Kemble failed in his efforts to have the case – which was heard almost a year ago – decided in his favor.

Now, according to Golden Eye at least, Kemble has settled with TCYK for £1000, which is just £300 more than their final pre-court offer. Hardly sounds like good value for money.

The main point, though, is that this case wouldn’t have gotten anywhere near a court if Kemble hadn’t admitted liability of sorts in the early stages. This is a freak case in all respects and has no bearing on anyone’s individual case, especially those who haven’t admitted liability.

So, for people getting re-hounded by Golden Eye now, remember the Golden Rule. If you’re innocent, by all means tell them, and stick to your guns. But, at your peril tell them anything else on top, or risk having it used against you.

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

Digitising film reels with Pi Film Capture

Post Syndicated from Janina Ander original https://www.raspberrypi.org/blog/digitising-reels-pi-film-capture/

Joe Herman’s Pi Film Capture project combines old projectors and a stepper motor with a Raspberry Pi and a Raspberry Pi Camera Module, to transform his grandfather’s 8- and 16-mm home movies into glorious digital films.

We chatted to him about his Pi Film Capture build at Maker Faire New York 2016:

Film to Digital Conversion at Maker Faire New York 2016

Uploaded by Raspberry Pi on 2017-08-25.

What inspired Pi Film Capture?

Joe’s grandfather, Leo Willmott, loved recording home movies of his family of eight children and their grandchildren. He passed away when Joe was five, but in 2013 Joe found a way to connect with his legacy: while moving house, a family member uncovered a box of more than a hundred of Leo’s film reels. These covered decades of family history, and some dated back as far as 1939.

Super 8 film reels

Kodachrome film reels of the type Leo used

This provided an unexpected opportunity for Leo’s family to restore some of their shared history. Joe immediately made plans to digitise the material, knowing that the members of his extensive family tree would provide an eager audience.

Building Pi Film Capture

After a failed attempt with a DSLR camera, Joe realised he couldn’t simply re-film the movies — instead, he would have to capture each frame individually. He combined a Raspberry Pi with an old Super 8 projector, and set about rigging up something to do just that.

He went through numerous stages of prototyping, and his final hardware setup works very well. A NEMA 17 stepper motor  moves the film reel forward in the projector. A magnetic reed switch triggers the Camera Module each time the reel moves on to the next frame. Joe hacked the Camera Module so that it has a different focal distance, and he also added a magnifying lens. Moreover, he realised it would be useful to have a diffuser to ‘smooth’ some of the faults in the aged film reel material. To do this, he mounted “a bit of translucent white plastic from an old ceiling fixture” parallel with the film.

Pi Film Capture device by Joe Herman

Joe’s 16-mm projector, with embedded Raspberry Pi hardware

Software solutions

In addition to capturing every single frame (sometimes with multiple exposure settings), Joe found that he needed intensive post-processing to restore some of the films. He settled on sending the images from the Pi to a more powerful Linux machine. To enable processing of the raw data, he had to write Python scripts implementing several open-source software packages. For example, to deal with the varying quality of the film reels more easily, Joe implemented a GUI (written with the help of PyQt), which he uses to change the capture parameters. This was a demanding job, as he was relatively new to using these tools.

Top half of GUI for Pi Film Capture Joe Herman

The top half of Joe’s GUI, because the whole thing is really long and really thin and would have looked weird on the blog…

If a frame is particularly damaged, Joe can capture multiple instances of the image at different settings. These are then merged to achieve a good-quality image using OpenCV functionality. Joe uses FFmpeg to stitch the captured images back together into a film. Some of his grandfather’s reels were badly degraded, but luckily Joe found scripts written by other people to perform advanced digital restoration of film with AviSynth. He provides code he has written for the project on his GitHub account.

For an account of the project in his own words, check out Joe’s guest post on the IEEE Spectrum website. He also described some of the issues he encountered, and how he resolved them, in The MagPi.

What does Pi Film Capture deliver?

Joe provides videos related to Pi Film Capture on two sites: on his YouTube channel, you’ll find videos in which he has documented the build process of his digitising project. Final results of the project live on Joe’s Vimeo channel, where so far he has uploaded 55 digitised home videos.

m093a: Tom Herman Wedding, Detroit 8/10/63

Shot on 8mm by Leo Willmott, captured and restored by Joe Herman (Not a Wozniak film, but placed in that folder b/c it may be of interest to Hermans)

We’re beyond pleased that our tech is part of this amazing project, helping to reconnect the entire Herman/Willmott clan with their past. And it was great to be able to catch up with Joe, and talk about his build at Maker Faire last year!

Maker Faire New York 2017

We’ll be at Maker Faire New York again on the 23-24 September, and we can’t wait to see the amazing makes the Raspberry Pi community will be presenting there!

Are you going to be at MFNY to show off your awesome Pi-powered project? Tweet us, so we can meet up, check it out and share your achievements!

The post Digitising film reels with Pi Film Capture appeared first on Raspberry Pi.

Indian Movie Actor Mobbed By Press After Arrest of Torrent Site Admin

Post Syndicated from Andy original https://torrentfreak.com/indian-movie-actor-mobbed-by-press-after-airport-torrent-site-arrest-170913/

While most of the headlines relating to Internet piracy are focused on North America and Europe, there are dozens of countries where piracy is a way of life for millions of citizens. India, with its booming economy and growth in technology, is certainly one of them.

According to a recently published report, India now has 355 million Internet users out of a population of more than 1.3 billion. Not only is there massive room for growth, that figure is up from 277 million just two years ago. The rate of growth is astonishing.

Needless to say, Indians love their Internet and increasing numbers of citizens are also getting involved in the piracy game. There are many large sites and prominent release groups operating out of the country, some of them targeting the international market. Carry out a search for DVDSCR (DVD screener) on most search indexes globally and one is just as likely to find Indian movie releases as those emanating from the West.

If people didn’t know it already, India is nurturing a pirate force to be reckoned with, with local torrent and streaming sites pumping out the latest movies at an alarming rate. This has caused an outcry from many in the movie industry who are determined to do something to stem the tide.

One of these is actor Vishal Krishna, who not only stars in movies but is also a producer working in the Tamil film industry. Often referred to simply by his first name, Vishal has spoken out regularly against piracy in his role at the Tamil Film Producers Council.

In May, he referred to the operators of the hugely popular torrent site TamilRockers as ‘Internet Mafias’ while demanding their arrest for leaking the blockbuster Baahubali 2, a movie that pulled in US$120 million in six days. Now, it appears, he may have gotten his way. Well, partially, at least.

Last evening, reports began to surface of an arrest at Chennai airport in north east India. According to local media, Gauri Shankar, an alleged administrator of Tamilrockers.co, was detained by Triplicane police.

This would’ve been a huge coup for Vishal, who has been warning Tamilrockers to close down for the past three years. He even claimed to know the identity of the main perpetrator behind the site, noting that it was only a matter of time before he was brought to justice.

Soon after the initial reports, however, other media outlets claimed that Gauri Shankar is actually an operator at Tamilgun, another popular pirate portal currently blocked by ISPs on the orders of the Indian government.

So was it rockers or gun? According to Indiaglitz.com, Vishal rushed to the scene in Chennai to find out.

Outside the police station

What followed were quite extraordinary scenes outside the Triplicane police station. Emerging from the building flanked by close to 20 men, some in uniform, Vishal addressed an excited crowd of reporters. A swathe of microphones from various news outlets greeted him as he held up his hands urging the crowd to calm down.

“Just give us some time, I will give you the details,” Vishal said in two languages.

“Just give us some time. It is too early. I’ll just give it to you in a bit. It’s something connected to website piracy. Just give me some time. I have to give you all the details, proper details.”

So, even after all the excitement, it’s unclear who the police have in custody. Nevertheless, the attention this event is getting from the press is on a level rarely seen in a piracy case, so more news is bound to follow soon.

In the meantime, both TamilRockers and TamilGun remain online, operating as normal. Clearly, there is much more work to be done.

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

The Things Pirates Do To Hinder Anti-Piracy Investigations

Post Syndicated from Andy original https://torrentfreak.com/the-things-pirates-do-to-hinder-anti-piracy-outfits-170909/

Dedicated Internet pirates dealing in fresh content or operating at any significant scale can be pretty sure that rightsholders and their anti-piracy colleagues are interested in their activities at some level.

With this in mind, most pirates these days are aware of things they can do to enhance their security, with products like VPNs often get discussed on the consumer side.

This week, in a report detailing the challenges social media poses to intellectual property rights, UK anti-piracy outfit Federation Against Copyright Theft published a list of techniques deployed by pirates that hinder their investigations.

Fake/hidden website registration details

“Website registration details are often fake or hidden, which provides no further links to the person controlling the domain and its illegal activities,” the group reveals.

Protected WHOIS records are nothing new and can sometimes be uncloaked by a determined adversary via court procedures. However, in the early stages of an investigation, open records provide leads that can be extremely useful in building an early picture about who might be involved in the operation of a website.

Having them hidden is a definite plus for pirate site operators, especially when the underlying details are also fake, which is particularly common practice. And, with companies like Peter Sunde’s Njalla entering the market, hiding registrations is easier than ever.

Overseas servers

“Investigating servers located offshore cause some specific problems for FACT’s law-enforcement partners. In order to complete a full investigation into an offshore server, a law-enforcement agency must liaise with its counterpart in the country where the server is located. The difficulties of obtaining evidence from other countries are well known,” FACT notes.

While FACT no doubt corresponds with entities overseas, the anti-piracy outfit has a history of targeting UK citizens who are reportedly infringing copyright. It regularly involves UK police in its investigations (FACT itself employs former police officers) but jurisdiction is necessarily limited to the UK.

It is possible to get overseas law enforcement entities involved to seize a server, for example, but they have to be convinced of the need to do so by the police, which isn’t easy and is usually reserved for more serious cases. The bottom line is that by placing a server a long way away from a pirate’s home territory, things can be made much more difficult for local investigators.

Torrent websites and DMCA compliance

“Some torrent website operators who maintain a high DMCA compliance rate will often use this to try to appease the law, while continuing to provide infringing links,” FACT says.

This is an interesting one. Under law in both the United States and Europe, service providers are required to remove infringing content from their systems when they are notified of its existence by a rightsholder or its agent. Not doing so can render them liable, if the content is indeed infringing.

What FACT appears to be saying is that sites that comply with the law, by removing infringing content when asked to, become more difficult targets for legal action. It sounds very obvious but the underlying suggestion is that compliance on the surface is used as a protective mechanism. No example sites are mentioned but the strategy has clearly hindered FACT.

Current legislation too vague to remove infringing live sports streams

“Current legislation is insufficient to effectively tackle the issue of websites illegally offering coverage of live sports events. Section 512 (c) of the Digital Millennium Copyright Act (DMCA) states that: upon notification of claimed infringement, the service provider should ‘respond expeditiously’ to remove or disable access to the copyright-infringing material. Most live sports events are under two hours long, so such non-specific timeframes for required action are inadequate,” FACT complains.

Since government reports like these can take a long time to prepare, it appears that FACT and its partners may have already found a solution to this particular problem. Major FACT client the Premier League now has a High Court injunction in place which allows it to block infringing streams on a real-time basis. It doesn’t remove the content at its source, but it still renders it largely inaccessible in the UK.

Nevertheless, FACT calls for takedowns to be actioned more swiftly, noting that “the law needs to reflect this narrow timeframe with a specified required response period for websites offering such live feeds.”

Camming content directly from cinema screen to the cloud

“Recent advancements in technology have made this a viable option to ‘cammers’ to avoid detection. Attempts to curtail and delete illicitly recorded film footage may become increasingly difficult with the emergence of streaming apps that automatically upload recorded video to cloud services,” FACT reports.

Over the years, FACT has been involved in numerous operations to hinder those who record movies with cameras in theaters and then upload them to the Internet. Once the perpetrator has exited the theater, FACT has effectively lost the battle, but the possibility that a live upload can now take place is certainly an interesting proposition.

“While enforcing officers may delete the footage held on the device, the footage has potentially already been stored remotely on a cloud system,” FACT warns.

Equally, this could also prove a problem for those seeking to secure evidence. With a cloud upload, the person doing the recording could safely delete the footage from the local device. That could be an obstacle to proving that an offense had even been committed when a suspect is confronted in situ.

Virtual currencies

“There is great potential in virtual currencies for money launderers and illicit traders. Government and law enforcement have raised concerns on how virtual currencies can be sent anonymously, leaving little or no trail for regulators or law-enforcement agencies,” FACT writes.

For many years, pirates of all kinds have relied on systems like PayPal, Mastercard, and Visa, to shift money around. However, these payment systems are now more difficult to deploy on pirate services and are more easily traced, even when operators manage to squeeze them through the gaps.

The same cannot be said of bitcoin and similar currencies that are gaining in popularity all the time. They are harder to use, of course, but there’s little doubt accessibility issues will be innovated out of the equation at some point. Once that happens, these currencies will be a force to be reckoned with.

The UK government’s Share and Share Alike report, which examines the challenges social media poses to intellectual property rights, can be downloaded here (pdf)

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

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

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

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

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

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

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

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

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

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

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

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

Unrelated pirated movies on YouTube

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

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

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

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

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.